Diary of Lieutenant-Colonel John Beatty: July 18, 1861

This afternoon, when riding down to Huttonville, I met three or four hundred sorry-looking soldiers. They were without arms. On inquiry, I found they were a part of the secession army, who, finding no way of escape, had come into our lines and surrendered. They were badly dressed, and a hard, dissolute-looking lot of men. To use the language of one of the soldiers, they were "a milk-sickly set of fellows," and would have died off probably without any help from us if they had been kept in the mountains a little longer. They were on their way to Staunton. General McClellan had very generously provided them with provisions for three days, and wagons to carry the sick and wounded; and so, footsore, weary, and chopfallen, they go over the hills.

An unpleasant rumor is in camp to-night, to the effect that General Patterson has been defeated at Williamsport. This, if true, will counterbalance our successes in Western Virginia, and make the game an even one.

The Southern soldiers mentioned above are encamped for the night a little over a mile from here. About dusk I walked over to their camp. They were gathered around their fires preparing supper.

Many of them say they were deceived, and entered the service because they were led to believe that the Northern army would confiscate their property, liberate their slaves, and play the devil generally. As they thought this was true, there was nothing left for them to do but to take up arms and defend themselves. While we were at Buckhannon, an old farmer-looking man visited us daily, bringing tobacco, cornbread, and cucumber pickles. This innocent old gen[tle]man proves to have been a spy, and obtained his reward in the loss of a leg at Rich mountain.

SOURCE: John Beatty, The Citizen-soldier: Or, Memoirs of a Volunteer, p. 30-1

Diary of Malvina S. Waring, February 8, 1865

Saw that young Englishman again today. He isn't half the idle dreamer he pretends to be. In truth (but let me whisper it softly), I believe he's a spy! I can't see, otherwise, why he is so tremendously and eagerly interested in matters Confederate. Nor is he smart enough to make me believe it's me!

SOURCE: South Carolina State Committee United Daughters of the Confederacy, South Carolina Women in the Confederacy, Vol. 1, “A Confederate Girl's Diary,” p. 273

Diary of John Beauchamp Jones: December 19, 1864

The darkest and most dismal day that ever dawned upon the earth, except one. There was no light when the usual hour came round, and later the sun refused to shine. There was fog, and afterward rain.

Northern papers say Hood has been utterly routed, losing all his guns!

A letter from Mr. ——— to ——— dated Richmond, December 17th, 1864, says:

"I have the honor to report my success as most remarkable and satisfactory. I have ascertained the whole Yankee mail line, from the gun-boats to your city, with all the agents save one. You will be surprised when informed, from the lowest to the highest class. The agent in your city, and most likely in your department, has yet to be discovered. This is as certain as what we have learned (his arrest, I mean), for the party in whose hands the mail is put coming from your city is known to us; and we have only to learn who gives him the mail, which can be done upon arrest, if not sooner, to know everything. What shall be done with the parties (spies, of course) when we are ready to act? If you ever intimate that trials are tedious, etc., the enemy seize citizens from some neighborhood as hostages, when their emissaries are disturbed. I will dispatch, if it be authorized, and that will end the matter. The lady I spoke to you of is the fountain-head. What to do with females troubles me, for I dislike to be identified with their arrest.

 

"I request that a good boat, with three torpedoes, and a man who understands working them, be sent to Milford to report to me at Edge Hill. Let the man be mum on all questions. I would meet him at Milford, if I knew the day (distance is twenty-five miles), with a wagon, to take him, torpedoes, and boat to the point required. I must be sure of the day.

 

"Have the following advertisement published in Monday's papers:

 

“‘YANKEES ESCAPED! $1000 REWARD!—A Yankee officer and three privates escaped from prison on Thursday night, with important matter upon their persons. The above reward will be givenfor their detection.'

 

'Let me hear from you through Cawood's Line, upon receipt of this. Respectfully, etc. ———”

 

We have the spectacle now of three full generals-Johnston, Beauregard, and Bragg without armies to command; and the armies in the field apparently melting away under the lead of subordinate, if not incompetent leaders. So much for the administration of the Adjutant-General's office.

Governor Smith is still exempting deputy sheriffs, constables, etc.—all able-bodied.

It is rumored on the street that we intend evacuating Savannah. How did that get out—if, indeed, such is the determination? There are traitors in high places—or near them.

It is also rumored that the Danville Railroad has been cut. I don't believe it—yet.

There is deep vexation in the city—a general apprehension that our affairs are rapidly approaching a crisis such as has not been experienced before. There is also much denunciation of the President for the removal of Gen. Johnston from the command of the Army of Tennessee.

Hon. Mr. Foote declared, Saturday, that he would resign his seat if the bill to suspend the writ of habeas corpus, now pending, became a law. There is much consternation—but it is of a sullen character, without excitement.

The United States Congress has ordered that notice be given Great Britain of an intention on the part of the Federal Government to increase the naval force on the lakes; also a proposition has been introduced to terminate the Reciprocity Treaty. Gen. Dix orders his military subordinates to pursue any rebel raiders even into Canada and bring them over. So, light may come from that quarter. A war with England would be our peace.

At 2 P.M. it was rumored that Charleston is taken and Beauregard a prisoner. Also that Gen. Jos. E. Johnston (in the city) says Richmond will be evacuated in ten days. I do not learn what gold sells at to-day! I suspect some coup d'état is meditated.

SOURCE: John Beauchamp Jones, A Rebel War Clerk's Diary at the Confederate States Capital, Volume 2, p. 357-9

Diary of Private Louis Leon: October 1, 1863

Went on picket at 4 this afternoon, and was roused up in the night to intercept a spy who is in our lines, and is expecting to cross, but we did not see him, for it was so dark we could see nothing.

SOURCE: Louis Leon, Diary of a Tar Heel Confederate Soldier, p. 49

Dr. Spencer G. Welch to Cordelia Strother Welch, May 2, 1865

 Newberry, S. C.        ,

May 2, 1865.

It was well you left Petersburg when you did, for the very next day (April 2) our extreme right was attacked, and, as our line was very thin, it was easily broken. Billie was digging a rifle pit when some Yankees charged it and captured all who were at work on it, and he is now a prisoner.

During the day a few prisoners were brought back, and among them was a smoke-begrimed captain with gray hair. I invited him into my tent and gave him something to eat. He had been in some of the hardest fighting of the war, and he said to me: "You see these white hairs. When I came into the army they were all coal black." As night came on many wounded were brought back to some huts lately occupied by soldiers, but now used by us as a hospital. Among them was Mose Cappocks, and I amputated his thumb. General Hill was killed.

The next day we began to leave, and there was continuous fighting. Our march soon developed into a disastrous retreat, and we were pushed to the extreme every hour of it for eight days. At Sailors Creek we were compelled to abandon our wagons, and they were burned. In one of them I had a new case of the finest surgical instruments. They had recently run the blockade and I hated to see them destroyed. General Kershaw and his young son were captured here. I saw some Yankee spies in gray uniforms marched along with us under guard. They had been captured in our lines, but the surrender occurring so soon afterwards saved them from being hung.

Our retreat was most trying, and when we reached Appomattox on the morning of the 9th General Gordon had a fight and captured a battery. Appomattox is in a basin with high hills on all sides. The Yankees seemed to have surrounded us, and their blue lines, with white flags here and there, came moving in slowly and silently. There was a report in the early morning that we had surrendered, and this made us think it might be true.

I heard some of our men yelling, and saw General Lee and his staff riding towards us, and as he stopped to dismount the men crowded around him to shake his hand and every man was shedding tears. Sad as was the sight, everyone felt relieved that it was all over.

The Yankees camped on the hills, and men from both armies went back and forth on apparently friendly terms. Their wagons, mules, harness and entire equipment was the very best and everything was in perfect condition throughout. All of their wagon covers were white and new. Ours made a sorry spectacle in comparison. I unhitched a little mule from an ambulance, and that afternoon Colonel Hunt, Lieutenant-Colonel Lester, Captain Copeland and I started together for South Carolina.

We had one little fly tent under which we slept at night. Bill Byers, who was mounted on a tall, gaunt horse, joined us before we reached the Catawba River. Copeland's horse gave out and he continued with us on foot. The river was swift and deep at Island Ford, and in crossing only the face and ears of my little mule remained above the surface. We found a farm house near by, where we stood before a blazing fire to dry. The people were very kind to us and gave us the best they had to eat, but our clothes were too dirty and vermin-infested for us to sleep in their houses, so we slept in the barns.

At one house where we stopped and asked for something to eat the man's wife was in a pitiful condition with cancer, but was without medicine to alleviate her suffering. I happened to have a bottle of morphine in my haversack, which I gave her and which was enough to last her for the short time she could live.

We were three weeks on the way, and when I reached my father's home nobody was expecting me. I was completely exhausted, but after getting on some clean, whole clothes and sleeping in a bed once more I felt greatly refreshed. Father has given me a good horse in exchange for my little mule, and I hope to be rested enough to leave here day after to-morrow and go through the county in a buggy for you.

SOURCE: Dr. Spencer G. Welch, A Confederate Surgeon's Letters to His Wife, p. 117-20

Diary of John Beauchamp Jones: August 11, 1864

Hot and dry.

Dispatches from secret agents at Washington state that Grant and his staff have arrived, that half his army preceded him, and the remainder will soon follow. The campaign is considered a disastrous failure, and it is anticipated that henceforth the scene of operations is to be transferred from Richmond to Washington. They say President Lincoln's face expresses "great terror," and affairs there are in a critical condition.

A dispatch from Gen. Lee states that Gen. Bradley Johnson's brigade of cavalry was surprised and routed on the 7th inst. by Averill. He has directed that Gen. J. be relieved.

A dispatch from Gen. Hood (Atlanta, Ga.) says no important change in affair has occurred since yesterday, except that Major-Gen. Bates is wounded. There are 5000 militia in the trenches.

SOURCE: John Beauchamp Jones, A Rebel War Clerk's Diary at the Confederate States Capital, Volume 2, p. 262-3

Major-General Ambrose Burnside: General Orders, No. 38, April 13, 1863

GENERAL ORDERS, No. 38.

HDQRS. DEPARTMENT OF THE OHIO,        

Cincinnati, Ohio, April 13, 1863.

The commanding general publishes, for the information of all concerned, that hereafter all persons found within our lines who commit acts for the benefit of the enemies of our country will be tried as spies or traitors, and, if convicted, will suffer death. This order includes the following class of persons: Carriers of secret mails; writers of letters sent by secret mails; secret recruiting officers within the lines; persons who have entered into an agreement to pass our lines for the purpose of joining the enemy; persons found concealed within our lines belonging to the service of the enemy, and, in fact, all persons found improperly within our lines who could give private information to the enemy, and all persons within our lines who harbor, protect, conceal, feed, clothe, or in any way aid the enemies of our country. The habit of declaring sympathy for the enemy will not be allowed in this department. Persons committing such offenses will be at once arrested, with a view to being tried as above stated, or sent beyond our lines into the lines of their friends.

It must be distinctly understood that treason, expressed or implied, will not be tolerated in this department.

All officers and soldiers are strictly charged with the execution of this order.

By command of Major-General Burnside:

LEWIS RICHMOND,        

Assistant Adjutant-General

SOURCE: The War of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies, Series I, Volume 23, Part 2 (Serial No. 35), p. 237

Diary of Private Daniel L. Ambrose: August 26, 1862

[w]e are busily engaged cleaning off our camp ground; we have no water here; are compelled to haul it from a distance. To-day we send six trains and a guard for water; they return, but with no water. There is no alternative but to haul it from beyond Corinth, about four miles distant. During our camp here on the Purdy road, we live like kings; the result of the sharp trading of the boys with the citizens who are daily seen in our camp with fruit, milk, chickens and eggs. We dare say our men traded with many a rebel spy, and the information gained by them resulted in making additions to the already long list of names of those who are now sleeping silently in the south-land There was a mistake somewhere; somebody committed an error; where that mistake, and who that somebody was, we are not prepared to say. The world, perhaps, will never know.

SOURCE: Daniel Leib Ambrose, History of the Seventh Regiment Illinois Volunteer Infantry, p. 84-5

Brigadier-General William T. Sherman to Brigadier-General Lorenzo Thomas, November 6, 1861

HEADQUARTERS DEPARTMENT OF THE CUMBERLAND,            

Louisville, Ky., November 6, 1861.

General L. THOMAS, Adjutant-General:

SIR: General McClellan telegraphs me to report to him daily the situation of affairs here.

The country is so large that it is impossible to give clear and definite views. Our enemies have a terrible advantage in the fact that in our midst, in our camps, and along our avenues of travel they have active partisans, farmers and business men, who seemingly pursue their usual calling, but are, in fact, spies. They report all our movements and strength, while we can procure information only by circuitous and unreliable means. I inclose you the copy of an intercepted letter, which is but the type of others.* Many men from every part of the State are now enrolled under Buckner, have gone to him, while ours have to be raised in the neighborhood, and cannot be called together except at long notice. These volunteers are being organized under the laws of the State, and the 10th of November is fixed as the time for consolidating them into companies and regiments. Many of them are armed by the United States as Home Guards, and many of them by General Anderson and myself, because of the necessity of being armed to guard their camps against internal enemies. Should we be overwhelmed, these would scatter and their arms and clothing will go to the enemy, furnishing the very material they so much need.

We should have here a very large force, sufficient to give confidence to the Union men of the ability to do what should be done—possess ourselves of all the State; but all see we are brought to a stand-still, and this produces doubt and alarm. With our present force it would be simple madness to cross Green River, and yet hesitation may be as fatal. In like manner other columns are in peril; not so much in front as rear. The railroad over which our stores must pass being much exposed, I have the Nashville Railroad guarded by three regiments; yet it is far from being safe, and the moment actual hostilities commence these roads will be interrupted, and we will be in a dilemma To meet this in part I have put a cargo of provisions at the mouth of Salt River, guarded by two regiments. All these detachments weaken the main force and endanger the whole.

Do not conclude, as before, that I exaggerate the facts. They are as stated, and the future looks as dark as possible. It would be better if some more sanguine mind were here, for I am forced to order according to my convictions.

Yours, truly,

 W. T. SHERMAN,               

 Brigadier-General, Commanding.

SOURCE: The War of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies, Series I, Volume 4 (Serial No. 4), p. 340-1

Major-General Patrick R. Cleburne et al. to General Joseph E. Johnston and the Division, Brigade and Regimental Commanders of the Army of Tennessee, January 2, 1864

[JANUARY 2, 1864.]

COMMANDING GENERAL, THE CORPS, DIVISION, BRIGADE, AND REGIMENTAL COMMANDERS OF THE ARMY OF TENNESSEE:

GENERAL: Moved by the exigency in which our country is now placed, we take the liberty of laying before you, unofficially, our views on the present state of affairs. The subject is so grave, and our views so new, we feel it a duty both to you and the cause that before going further we should submit them for your judgment and receive your suggestions in regard to them. We therefore respectfully ask you to give us an expression of your views in the premises. We have now been fighting for nearly three years, have spilled much of our best blood, and lost, consumed, or thrown to the flames an amount of property equal in value to the specie currency of the world. Through some lack in our system the fruits of our struggles and sacrifices have invariably slipped away from us and left us nothing but long lists of dead and mangled. Instead of standing defiantly on the borders of our territory or harassing those of the enemy, we are hemmed in today into less than two-thirds of it, and still the enemy menacingly confronts us at every point with superior forces. Our soldiers can see no end to this state of affairs except in our own exhaustion; hence, instead of rising to the occasion, they are sinking into a fatal apathy, growing weary of hardships and slaughters which promise no results. In this state of things it is easy to understand why there is a growing belief that some black catastrophe is not far ahead of us, and that unless some extraordinary change is soon made in our condition we must overtake it. The consequences of this condition are showing themselves more plainly every day; restlessness of morals spreading everywhere, manifesting itself in the army in a growing disregard for private rights; desertion spreading to a class of soldiers it never dared to tamper with before; military commissions sinking in the estimation of the soldier; our supplies failing; our firesides in ruins. If this state continues much longer we must be subjugated. Every man should endeavor to understand the meaning of subjugation before it is too late. We can give but a faint idea when we say it means the loss of all we now hold most sacred—slaves and all other personal property, lands, homesteads, liberty, justice, safety, pride, manhood. It means that the history of this heroic struggle will be written by the enemy; that our youth will be trained by Northern school teachers; will learn from Northern school books their version of the war; will be impressed by all the influences of history and education to regard our gallant dead as traitors, our maimed veterans as fit objects for derision. It means the crushing of Southern manhood, the hatred of our former slaves, who will, on a spy system, be our secret police. The conqueror's policy is to divide the conquered into factions and stir up animosity among them, and in training an army of negroes the North no doubt holds this thought in perspective. We can see three great causes operating to destroy us: First, the inferiority of our armies to those of the enemy in point of numbers; second, the poverty of our single source of supply in comparison with his several sources; third, the fact that slavery, from being one of our chief sources of strength at the commencement of the war, has now become, in a military point of view, one of our chief sources of weakness.

The enemy already opposes us at every point with superior numbers, and is endeavoring to make the preponderance irresistible. President Davis, in his recent message, says the enemy “has recently ordered a large conscription and made a subsequent call for volunteers, to be followed, if ineffectual, by a still further draft.” In addition, the President of the United States announces that “he has already in training an army of 100,000 negroes as good as any troops,” and every fresh raid he makes and new slice of territory he wrests from us will add to this force. Every soldier in our army already knows and feels our numerical inferiority to the enemy. Want of men in the field has prevented him from reaping the fruits of his victories, and has prevented him from having the furlough he expected after the last reorganization, and when he turns from the wasting armies in the field to look at the source of supply, he finds nothing in the prospect to encourage him. Our single source of supply is that portion of our white men fit for duty and not now in the ranks. The enemy has three sources of supply: First, his own motley population; secondly, our slaves; and thirdly, Europeans whose hearts are fired into a crusade against us by fictitious pictures of the atrocities of slavery, and who meet no hindrance from their Governments in such enterprise, because these Governments are equally antagonistic to the institution. In touching the third cause, the fact that slavery has become a military weakness, we may rouse prejudice and passion, but the time has come when it would be madness not to look at our danger from every point of view, and to probe it to the bottom. Apart from the assistance that home and foreign prejudice against slavery has given to the North, slavery is a source of great strength to the enemy in a purely military point of view, by supplying him with an army from our granaries; but it is our most vulnerable point, a continued embarrassment, and in some respects an insidious weakness. Wherever slavery is once seriously disturbed, whether by the actual presence or the approach of the enemy, or even by a cavalry raid, the whites can no longer with safety to their property openly sympathize with our cause. The fear of their slaves is continually haunting them, and from silence and apprehension many of these soon learn to wish the war stopped on any terms. The next stage is to take the oath to save property, and they become dead to us, if not open enemies. To prevent raids we are forced to scatter our forces, and are not free to move and strike like the enemy; his vulnerable points are carefully selected and fortified depots. Ours are found in every point where there is a slave to set free. All along the lines slavery is comparatively valueless to us for labor, but of great and increasing worth to the enemy for information. It is an omnipresent spy system, pointing out our valuable men to the enemy, revealing our positions, purposes, and resources, and yet acting so safely and secretly that there is no means to guard against it. Even in the heart of our country, where our hold upon this secret espionage is firmest, it waits but the opening fire of the enemy's battle line to wake it, like a torpid serpent, into venomous activity.

In view of the state of affairs what does our country propose to do? In the words of President Davis “no effort must be spared to add largely to our effective force as promptly as possible. The sources of supply are to be found in restoring to the army all who are improperly absent, putting an end to substitution, modifying the exemption law, restricting details, and placing in the ranks such of the able-bodied men now employed as wagoners, nurses, cooks, and other employés, as are doing service for which the negroes may be found competent.” Most of the men improperly absent, together with many of the exempts and men having substitutes, are now without the Confederate lines and cannot be calculated on. If all the exempts capable of bearing arms were enrolled, it will give us the boys below eighteen, the men above forty-five, and those persons who are left at home to meet the wants of the country and the army, but this modification of the exemption law will remove from the fields and manufactories most of the skill that directed agricultural and mechanical labor, and, as stated by the President, “details will have to be made to meet the wants of the country,” thus sending many of the men to be derived from this source back to their homes again. Independently of this, experience proves that striplings and men above conscript age break down and swell the sick lists more than they do the ranks. The portion now in our lines of the class who have substitutes is not on the whole a hopeful element, for the motives that created it must have been stronger than patriotism, and these motives added to what many of them will call breach of faith, will cause some to be not forthcoming, and others to be unwilling and discontented soldiers. The remaining sources mentioned by the President have been so closely pruned in the Army of Tennessee that they will be found not to yield largely. The supply from all these sources, together with what we now have in the field, will exhaust the white race, and though it should greatly exceed expectations and put us on an equality with the enemy, or even give us temporary advantages, still we have no reserve to meet unexpected disaster or to supply a protracted struggle. Like past years, 1864 will diminish our ranks by the casualties of war, and what source of repair is there left us? We therefore see in the recommendations of the President only a temporary expedient, which at the best will leave us twelve months hence in the same predicament we are in now. The President attempts to meet only one of the depressing causes mentioned; for the other two he has proposed no remedy. They remain to generate lack of confidence in our final success, and to keep us moving down hill as heretofore. Adequately to meet the causes which are now threatening ruin to our country, we propose, in addition to a modification of the President's plans, that we retain in service for the war all troops now in service, and that we immediately commence training a large reserve of the most courageous of our slaves, and further that we guarantee freedom within a reasonable time to every slave in the South who shall remain true to the Confederacy in this war. As between the loss of independence and the loss of slavery, we assume that every patriot will freely give up the latter—give up the negro slave rather than be a slave himself. If we are correct in this assumption it only remains to show how this great national sacrifice is, in all human probabilities, to change the current of success and sweep the invader from our country.

Our country has already some friends in England and France, and there are strong motives to induce these nations to recognize and assist us, but they cannot assist us without helping slavery, and to do this would be in conflict with their policy for the last quarter of a century. England has paid hundreds of millions to emancipate her West India slaves and break up the slave trade. Could she now consistently spend her treasure to reinstate slavery in this country? But this barrier once removed, the sympathy and the interests of these and other nations will accord with our own, and we may expect from them both moral support and material aid. One thing is certain, as soon as the great sacrifice to independence is made and known in foreign countries there will be a complete change of front in our favor of the sympathies of the world. This measure will deprive the North of the moral and material aid which it now derives from the bitter prejudices with which foreigners view the institution, and its war, if continued, will henceforth be so despicable in their eyes that the source of recruiting will be dried up. It will leave the enemy's negro army no motive to fight for, and will exhaust the source from which it has been recruited. The idea that it is their special mission to war against slavery has held growing sway over the Northern people for many years, and has at length ripened into an armed and bloody crusade against it. This baleful superstition has so far supplied them with a courage and constancy not their own. It is the most powerful and honestly entertained plank in their war platform. Knock this away and what is left? A bloody ambition for more territory, a pretended veneration for the Union, which one of their own most distinguished orators (Doctor Beecher in his Liverpool speech) openly avowed was only used as a stimulus to stir up the anti-slavery crusade, and lastly the poisonous and selfish interests which are the fungus growth of the war itself. Mankind may fancy it a great duty to destroy slavery, but what interest can mankind have in upholding this remainder of the Northern war platform? Their interests and feelings will be diametrically opposed to it. The measure we propose will strike dead all John Brown fanaticism, and will compel the enemy to draw off altogether or in the eyes of the world to swallow the Declaration of Independence without the sauce and disguise of philanthropy. This delusion of fanaticism at an end, thousands of Northern people will have leisure to look at home and to see the gulf of despotism into which they themselves are rushing.

The measure will at one blow strip the enemy of foreign sympathy and assistance, and transfer them to the South; it will dry up two of his three sources of recruiting; it will take from his negro army the only motive it could have to fight against the South, and will probably cause much of it to desert over to us; it will deprive his cause of the powerful stimulus of fanaticism, and will enable him to see the rock on which his so called friends are now piloting him. The immediate effect of the emancipation and enrollment of negroes on the military strength of the South would be: To enable us to have armies numerically superior to those of the North, and a reserve of any size we might think necessary; to enable us to take the offensive, move forward, and forage on the enemy. It would open to us in prospective another and almost untouched source of supply, and furnish us with the means of preventing temporary disaster, and carrying on a protracted struggle. It would instantly remove all the vulnerability, embarrassment, and inherent weakness which result from slavery. The approach of the enemy would no longer find every household surrounded by spies; the fear that sealed the master's lips and the avarice that has, in so many cases, tempted him practically to desert us would alike be removed. There would be no recruits awaiting the enemy with open arms, no complete history of every neighborhood with ready guides, no fear of insurrection in the rear, or anxieties for the fate of loved ones when our armies moved forward. The chronic irritation of hope deferred would be joyfully ended with the negro, and the sympathies of his whole race would be due to his native South. It would restore confidence in an early termination of the war with all its inspiring consequences, and even if contrary to all expectations the enemy should succeed in overrunning the South, instead of finding a cheap, ready-made means of holding it down, he would find a common hatred and thirst for vengeance, which would break into acts at every favorable opportunity, would prevent him from settling on our lands, and render the South a very unprofitable conquest. It would remove forever all selfish taint from our cause and place independence above every question of property. The very magnitude of the sacrifice itself, such as no nation has ever voluntarily made before, would appal our enemies, destroy his spirit and his finances, and fill our hearts with a pride and singleness of purpose which would clothe us with new strength in battle. Apart from all other aspects of the question, the necessity for more fighting men is upon us. We can only get a sufficiency by making the negro share the danger and hardships of the war. If we arm and train him and make him fight for the country in her hour of dire distress, every consideration of principle and policy demand that we should set him and his whole race who side with us free. It is a first principle with mankind that he who offers his life in defense of the State should receive from her in return his freedom and his happiness, and we believe in acknowledgment of this principle. The Constitution of the Southern States has reserved to their respective governments the power to free slaves for meritorious services to the State. It is politic besides. For many years, ever since the agitation of the subject of slavery commenced, the negro has been dreaming of freedom, and his vivid imagination has surrounded that condition with so many gratifications that it has become the paradise of his hopes. To attain it he will tempt dangers and difficulties not exceeded by the bravest soldier in the field. The hope of freedom is perhaps the only moral incentive that can be applied to him in his present condition. It would be preposterous then to expect him to fight against it with any degree of enthusiasm, therefore we must bind him to our cause by no doubtful bonds; we must leave no possible loophole for treachery to creep in. The slaves are dangerous now, but armed, trained, and collected in an army they would be a thousand fold more dangerous: therefore when we make soldiers of them we must make free men of them beyond all question, and thus enlist their sympathies also. We can do this more effectually than the North can now do, for we can give the negro not only his own freedom, but that of his wife and child, and can secure it to him in his old home. To do this, we must immediately make his marriage and parental relations sacred in the eyes of the law and forbid their sale. The past legislation of the South concedes that large free middle class of negro blood, between the master and slave, must sooner or later destroy the institution. If, then, we touch the institution at all, we would do best to make the most of it, and by emancipating the whole race upon reasonable terms, and within such reasonable time as will prepare both races for the change, secure to ourselves all the advantages, and to our enemies all the disadvantages that can arise, both at home and abroad, from such a sacrifice. Satisfy the negro that if he faithfully adheres to our standard during the war he shall receive his freedom and that of his race. Give him as an earnest of our intentions such immediate immunities as will impress him with our sincerity and be in keeping with his new condition, enroll a portion of his class as soldiers of the Confederacy, and we change the race from a dreaded weakness to a position of strength.

Will the slaves fight? The helots of Sparta stood their masters good stead in battle. In the great sea fight of Lepanto where the Christians checked forever the spread of Mohammedanism over Europe, the galley slaves of portions of the fleet were promised freedom, and called on to fight at a critical moment of the battle. They fought well, and civilization owes much to those brave galley slaves. The negro slaves of Saint Domingo, fighting for freedom, defeated their white masters and the French troops sent against them. The negro slaves of Jamaica revolted, and under the name of Maroons held the mountains against their masters for 150 years; and the experience of this war has been so far that half-trained negroes have fought as bravely as many other half-trained Yankees. If, contrary to the training of a lifetime, they can be made to face and fight bravely against their former masters, how much more probable is it that with the allurement of a higher reward, and led by those masters, they would submit to discipline and face dangers.

We will briefly notice a few arguments against this course. It is said Republicanism cannot exist without the institution. Even were this true, we prefer any form of government of which the Southern people may have the molding, to one forced upon us by a conqueror. It is said the white man cannot perform agricultural labor in the South. The experience of this army during the heat of summer from Bowling Green, Ky., to Tupelo, Miss., is that the white man is healthier when doing reasonable work in the open field than at any other time. It is said an army of negroes cannot be spared from the fields. A sufficient number of slaves is now administering to luxury alone to supply the place of all we need, and we believe it would be better to take half the able bodied men off a plantation than to take the one master mind that economically regulated its operations. Leave some of the skill at home and take some of the muscle to fight with. It is said slaves will not work after they are freed. We think necessity and a wise legislation will compel them to labor for a living. It is said it will cause terrible excitement and some disaffection from our cause. Excitement is far preferable to the apathy which now exists, and disaffection will not be among the fighting men. It is said slavery is all we are fighting for, and if we give it up we give up all. Even if this were true, which we deny, slavery is not all our enemies are fighting for. It is merely the pretense to establish sectional superiority and a more centralized form of government, and to deprive us of our rights and liberties. We have now briefly proposed a plan which we believe will save our country. It may be imperfect, but in all human probability it would give us our independence. No objection ought to outweigh it which is not weightier than independence. If it is worthy of being put in practice it ought to be mooted quickly before the people, and urged earnestly by every man who believes in its efficacy. Negroes will require much training; training will require time, and there is danger that this concession to common sense may come too late.

P. R. Cleburne, major-general, commanding division; D. C. Govan, brigadier-general; John E. Murray, colonel Fifth Arkansas; G. F. Baucum, colonel Eighth Arkansas; Peter Snyder, lieutenant-colonel, commanding Sixth and Seventh Arkansas; E. Warfield, lieutenant-colonel, Second Arkansas; M. P. Lowrey, brigadier-general; A. B. Hardcastle, colonel Thirty-second and Forty-fifth Mississippi; F. A. Ashford, major Sixteenth Alabama; John W. Colquitt, colonel First Arkansas; Rich. J. Person, major Third and Fifth Confederate; G. S. Deakins, major Thirty-fifth and Eighth Tennessee; J. H. Collett, captain, commanding Seventh Texas; J. H. Kelly, brigadier-general, commanding Cavalry Division.

[32.]

SOURCE: The War of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies, Series I, Volume 52 (Serial No. 110), p. 586-92

George S. Denison to Salmon P. Chase, February 12, 1863

(Private and Confidential)

New Orleans, February 12th, 1863.

Dear Sir: Enclosed is General Orders No. 14—in part concerning Plantation supplies, etc.

Also, copy of contract between T. P. May, an intelligent and progressive planter, and white laborers to be employed by him in raising cotton and sugar. It is a great experiment and Mr. May is the man to succeed in it. He is a young man—at heart an Abolitionist, and his plantation is one of the finest in Louisiana.

My late announcement of the commencement of military movements was premature. Everything moves very slowly here. The movement has not actually commenced however.

A force under Weitzel will advance up the Teche. Another force will advance westwardly from Plaquemine on the River. The two forces will meet at New Iberia or St. Martinsville.

Bute la Rose is a lake or wide bayou between Plaquemine and St. Martinsville, and at this point is a rebel battery and fortifications. This will be reduced by the Plaquemine force aided by gunboats.

After the junction of the two forces at or near St. Martinsville a force of 3,000 or 4,000 will be detached and accompany the gunboats up the Atchafalaya bayou to Red River near its mouth.

The Gunboats to be used are those built by Gen. Butler— of very light draft and iron-clad.

You will understand the above statement by reference to the Rebel map I sent you.

Affairs here are not in a prosperous condition. Great dissatisfaction exists in at least some portions of the army. Even Gen. Banks new troops to some extent—and Butler's old troops to a man, would hail Butler's return with enthusiasm. Banks' policy seems to be conciliatory and hesitating. He seems afraid of responsibilities. General Butler is utterly fearless. Several desertions have occurred, by soldiers who wish to be taken and paroled, but this is kept secret here.

It is my opinion that Government has made exchanges too easy. It would be better to allow no exchange of prisoners. Then we should not hear of disgraceful surrenders—or of desertions by men sick of the service. In this and other respects the war should be made sharper and more earnest. The greater advantage of exchanges as now permitted, is in favor of the Rebels, and the disadvantage is our own. Our men will not so easily surrender and rarely desert, if they know they must endure, for the rest of the war, the privations and discomforts of the Confederacy. Now they have every inducement to do both.

Gen. Banks seems to me to be no judge of men. He selects honest subordinates for the most part—but his staff are, generally, green, inexperienced—of little ability—and one or two of them are fit objects of ridicule. Conciliation, inefficiency, inexperience and hesitation characterize all proceedings. There is no use in such criticism, however, when the President himself sends here as his private correspondent a vulgar little scoundrel like Dr. Zachary—who takes bribes and whose only object is to make money.

Personally I like Gen. Banks exceedingly, but a Northern man needs six months experience here in order to be efficient in this peculiar country and .among its peculiar people. Gen. Butler has that experience, and his return would at once change everything for the better.

The nine months men are dissatisfied and demoralized. I think Butler could not only remove such feeling, but make most of them re-enlist. Whatever Butler did, pleased and satisfied the Army, because they had confidence in, and admired him. This is not at all true of Gen. Banks.

The sooner Gen. Butler comes back the better it will be.

In one respect there is a very disagreeable condition of things here. A host of speculators, Jews and camp-followers, came hither in the track of Banks' expedition. They have continued to arrive and every steamer brings an addition to the number. Each expects to be a millionaire in six months. They have few scruples about the means of satisfying their cupidity.

I regard them as natural enemies, and in our constant war, they are generally worsted. The whole crowd, and Dr. Zachary among them, with eager expectancy like wolves about to seize their prey, await the advent of the new collector, who is a good natured man, and supposed to be easily imposed upon.

I think that spies, intriguers, dishonest speculators, and liars are more abundant here now than any where else in America. It seems as if everything must be accomplished by intrigue and management. It was not so three months ago.

In troublous times like these each man of merit has opinions—proclaims them—defends and sustains them, else he is, politically speaking, a "trimmer."

I told Gen. Banks so the other day.

I am not familiar with Banks' political history. Was he ever a Trimmer?

Perhaps he is a conservative! To a friend of mine Gen. Banks the other day declared himself to be neither a proslavery nor anti-slavery man.

What is he then?

I do not know, Mr. Chase, anything about your feelings toward Gen. Banks or any one else, but write always my own opinions without reference to those of others.

SOURCE: Diary and correspondence of Salmon P. Chase, Annual Report of the American Historical Association for the Year 1902, Vol. 2, p. 358-60

Brigadier-General Benjamin F. Butler to Lieutenant-General Winfield Scott, April 30, 1861

Headquarters Department of Annapolis, April 30th, 1861

To Lieut. Gen’l. WINFIELD Scott, General in Chief U.S. Army,

WASHINGTON, D.C.

GENERAL: Col. Corcoran, of the Sixty ninth N. Y. Regiment, sent to me under arrest a man calling himself Edward Grandval, whose voluntary examination was taken by me in writing, read over to and signed by him. The evidence upon which he has been arrested has been fully seen and weighed, and from it I find that it is substantially proved that the prisoner lately came to Baltimore from the Capital of the Confederate States; that he went into correspondence with one Beach, the Editor of the Baltimore Sun Newspaper, a known enemy of the Union, and known by the prisoner to be such at the time he entered his service, whatever that service was; that he made a written proposal to Mr. Beach to place himself at or as near as possible to Annapolis, there to gather what information he could of the movements and numbers of the troops, to forward the same to Beach by private hand; that on Friday evening he entered upon that duty, and was engaged about it until yesterday morning when he was arrested.

There was found upon him this engagement which he endeavored to destroy, and also portions of a letter which he said had been written by one Alexander in order to procure him his engagement. All but the latter part and the signature was destroyed. There was evidence that he was lurking around Col. Corcoran's Quarters, endeavoring to obtain information of the men as to the forces of his command, that he attempted to tamper with the men, telling them of the forces of the secessionists and that they were ready to receive them as their brothers if they would come over to them. He had examined the private quarters of Col. Corcoran for papers, had taken there a Revolver. His statement in his examination was transparently improbable, and made no impression upon the mind either of his truthfulness or propriety of conduct. From the evidence I have no doubt that he was sent as a Spy upon our movements, and it is for the Commanding General to direct what course shall be pursued. My own opinion is that the utmost severity is needed towards such a person.

Under the guise of bearer of dispatches and reporters of newspapers we are overrun by the meanest and most despicable kind of Spies, who add impudence and brazen effrontery to traitorous and lying reports with which to injure us. I had forgotten to mention that one part of his engagement was that he was to receive a pass from Gen’l. Trimble. I await orders from Headquarters.

Very respectfully, Yr. Obdt. Servt.

BENJ. F. BUTLER

SOURCE: Jessie Ames Marshall, Editor, Private and Official Correspondence of Gen. Benjamin F. Butler During the Period of the Civil War, Volume 1: April 1860 – June 1862, p. 59-60

Diary of John Beauchamp Jones: November 19, 1863

Miss Harriet H. Fort, of Baltimore, has arrived via Accomac and Northampton Counties, with a complete drawing of all the defenses of Baltimore.

The Medical Purveyor's Guards have petitioned the Secretary for higher pay. They get now $1500 per annum, and say the city watchmen get $2300.

Gens. Banks and Taylor in the West are corresponding and wrangling about the exchange of prisoners — and the cartel is to be abrogated, probably.

The Governor of Mississippi (Clark) telegraphs the President that the Legislature (in session) is indignant at the military authorities for impressing slaves. The President telegraphs back that the order was to prevent them falling into the lines of the enemy, and none others were to be disturbed.

SOURCE: John Beauchamp Jones, A Rebel War Clerk's Diary at the Confederate States Capital, Volume 2, p. 100

In The Review Queue: Lincoln’s Spies

Lincoln's Spies:

Their Secret War to Save a Nation

By Douglas Waller

Release Date: August 6, 2019

A major addition to the history of the Civil War, Lincoln’s Spies is a riveting account of the secret battles waged by Union agents to save a nation. Filled with espionage, sabotage, and intrigue, it is also a striking portrait of a shrewd president who valued what his operatives uncovered.

Veteran journalist Douglas Waller, who has written ground-breaking intelligence histories, turns his sights on the shadow war of four secret agents for the North—three men and one woman. From the tense days before Abraham Lincoln’s inauguration in 1861 to the surrender at Appomattox four years later, Waller delivers a fast-paced narrative of the heroes—and scoundrels—who informed Lincoln’s generals on the enemy positions for crucial battles and busted up clandestine Rebel networks.

Famed detective Allan Pinkerton mounted a successful covert operation to slip Lincoln through Baltimore before his inauguration to foil an assassination attempt. But he failed as General George McClellan’s spymaster, delivering faulty intelligence reports that overestimated Confederate strength.

George Sharpe, an erudite New York lawyer, succeeded Pinkerton as spymaster for the Union’s Army of the Potomac. Recruiting skilled operatives, some of whom dressed in Rebel uniforms, Sharpe ran highly successful intelligence operations that outpaced anything the enemy could field.

Elizabeth Van Lew, a Virginia heiress who hated slavery and disapproved of secession, was one of Sharpe’s most successful agents. She ran a Union spy ring in Richmond out of her mansion, with dozens of agents feeding her military and political secrets she funneled to General Ulysses S. Grant as his army closed in on the Confederate capital. Van Lew became one of the unsung heroes of the war.

Lafayette Baker was a handsome Union officer with a controversial past, whose agents clashed with Pinkerton’s operatives. The unscrupulous Baker assembled a retinue of disreputable spies, thieves, and prostitutes to root out traitors in Washington, D.C. But he failed at his most important mission: uncovering the threat to Lincoln from John Wilkes Booth and his gang.

Behind these secret operatives was a president, one of our greatest, who was an avid consumer of intelligence and a ruthless aficionado of clandestine warfare, willing to take chances to win the war. Lincoln’s Spies, as Waller vividly depicts in his excellent new book, set the template for the dark arts the CIA would practice in the future.

About the Author

Douglas Waller is a former correspondent for Newsweek and Time, where he covered the CIA, Pentagon, State Department, White House and Congress. He is the author of the bestsellers Wild Bill Donovan, Big Red and The Commandos, as well as critically acclaimed works such as Disciples, the story of four CIA directors who fought for Donovan in World War II, and A Question of Loyalty, a biography of General Billy Mitchell. He lives in Raleigh, North Carolina.

ISBN 978-1501126840, Simon & Schuster, © 2019, Hardcover, 624 pages, Cast of Characters, Timeline of Major Events, Maps, Photographs, Selected Bibliography, End Notes & Index. $34.95.  To purchase this book click HERE.

Gustavus V. Fox to Virginia Woodbury Fox, February 6, 1861

Washington, D. C. 6th Feb. 61

D^r V.

I arrived safely last night and had an interview with the Genl who treated me very kindly and spoke of all your Pa's family with great affection. To-day I was to meet the Sec'y at 11 am, but he wrote a note deferring it until 1 P.M. the hour of closing the mail so I write to my little Y.f. Blair says Anderson's fame will be nothing to mine if I succeed.

All are well here and happy. Min knows nothing of my object but thinks it connected with my steam boating. If your ma don't want me shot she must keep mum. There are spies everywhere and upon every body.

The show baby is really good deal of an institution and looks very much like Woody. Nell and Miss Betty went to a Republican party at Speaker Penningtons. N. dressed in red, looked bravely. Mrs. B. looks better than I ever saw her. Chas is here saving the Union.

I shall leave to-morrow night and reach N. Y. next morning unless I write you to the contrary.

Love to all.

Aff.

Gus

SOURCE: Robert Means Thompson & Richard Wainwright, Editors, Publications of the Naval Historical Society, Volume 9: Confidential Correspondence of Gustavus Vasa Fox, Assistant Secretary of the Navy, 1861-1865, Volume 1, p. 5-6

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 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