Dr. Spencer G. Welch to Cordelia Strother Welch, January 16, 1864

Camp near Orange Court House, Va.,

January 16, 1864.

The army is filling up with conscripts, absentees and others, and if we get also the principals of the substitutes our army will soon be very formidable. Mose Cappock has returned, although his wound has not quite healed. I believe if we whip the Yankees good again this spring they will quit in disgust. Their cause is not just, like ours, and they are sure to become discouraged more readily.

The people of Richmond have had a great time recently, feasting and fêting General Morgan. Men who saw him there tell me he is very young, handsome and attractive, but is modest and has a most pleasing address. I learned that when he passed through Newberry the people made him come out of the train and let them all take a good look at him.

An officer in our regiment was cashiered for forging a furlough, sure enough. I feel very sorry for him and think he should go to the Yankees the first chance he gets, for he is ruined wherever this thing becomes known.

The winter has been unusually severe so far, but I am perfectly comfortable in every way, except that our diet is becoming anything else but bountiful or extravagant. We draw a little coffee and sugar occasionally. For breakfast this morning I had a cup of "Pure Rio," some ham, rice, biscuit and butter, but I have a hankering for such things as syrup, sweet potatoes, sauer-kraut, and the like. I do hope it will not be a great while before I can have such things.

Edwin still has some of the good things to eat which he brought from home in his trunk. His servant, Tony, stole some of his syrup to give to a negro girl who lives near our camp, and Ed gave him a pretty thorough thrashing for it. He says Tony is too much of a thief to suit him and he intends to send him back home. I had to give Gabriel a little thrashing this morning for "jawing” me. I hate very much to raise a violent hand against a person as old as Gabriel, although he is black and a slave. He is too slow for me, and I intend to send him back by Billie when he goes home on furlough.

I must close, as Gabriel is bringing in my dinner. I will write to you again in a few days.

SOURCE: Dr. Spencer G. Welch, A Confederate Surgeon's Letters to His Wife, p. 86-8

Diary of John Beauchamp Jones: June 28, 1864

Bright and cool-a little rain last night.

The Departmental Battalion is still kept out. They have built a line of fortifications four miles long-to Deep Bottom from near Chaffin's Farm. The Secretary of War intimates that these clerks are kept out by Gen. R. E. Lee.

The superintendent of the Central Railroad informed the Secretary of War to-day that the road would be reopened to Staunton on Thursday (day after to-morrow), such is the slight damage done by the enemy. He asks that the bridge near Hanover Junction be defended, that being the only part of the road that can be much injured by a small raiding party. And he don't want the papers to say anything about the reopening of the road.

The news from the North, that Congress has refused to repeal the $300 clause in their military bill-allowing drafted men to buy out at $300 each—and the rise of gold to $2.30 for $1—together with the apparent or real inertia of Grant, seem to inspire great confidence in our people to-day. They think the worst is really over, and so do I.

My little garden, during the month of June, has saved me $150. A single cabbage head to-day in market was sold for $10. Although the joint salaries of Custis and myself amount now to $8000 per annum, we have the greatest difficulty to subsist. I hope we shall speedily have better times, and I think, unless some terrible misfortune happens to our arms, the invader will surely be soon hurled from our soil. What President Lincoln came to Grant for is merely conjecture—unquestionably he could not suggest any military enterprise more to our detriment than would occur to his generals.

SOURCE: John Beauchamp Jones, A Rebel War Clerk's Diary at the Confederate States Capital, Volume 2, p. 239-40

Diary of John Beauchamp Jones: February 4, 1864

Clear and pretty cold. We have news of another brilliant affair at Kinston, N. C, where Gen. Pickett has beaten the enemy, killing and wounding and taking some 500 men, besides capturing another gun-boat! Thus the campaign of 1864 opens auspiciously.

And Gen. Early has beaten the foe in Hardy County, Northwest Virginia, capturing, it is said, some 800.

It is supposed that Gen. Pickett will push on to Newbern, and probably capture the town. At all events we shall get large supplies from the tide-water counties of North Carolina. General Lee planned the enterprise, sending some 15,000 men on the expedition.

Yesterday the Senate Committee reported against the House bill modifying the act making all men liable to conscription who have hired substitutes. But they are debating a new exemption bill in the House.

It is true Mr. Toombs was arrested at Savannah, or was ejected from the cars because he would not procure a passport.

To-day Mr. Kean, the young Chief of the Bureau of War, has registered all the clerks, the dates of their appointments, their age, and the number of children they have. He will make such remarks as suits him in each case, and submit the list to the Secretary for his action regarding the increased compensation. Will he intimate that his own services are so indispensable that he had better remain out of the field ?

The following "political card" for the Northern Democrats was played yesterday. I think it a good one, if nothing more be said about it here. It will give the Abolitionists trouble in the rear while we assail them in the front.

The following extraordinary resolutions were, yesterday, introduced in the House of Representatives by Mr. Wright of Georgia. The House went into secret session before taking any action upon them.

“whereas: The President of the United States, in a late public communication, did declare that no propositions for peace had been made to that government by the Confederate States, when, in truth, such propositions were prevented from being made by the President of the United States, in that he refused to hear, or even to receive, two commissioners, appointed to treat expressly of the preservation of amicable relations between the two governments.

"Nevertheless, that the Confederate States may stand justified in the sight of the conservative men of the North of all parties, and that the world may know which of the two governments it is that urges on a war unparalleled for the fierceness of the conflict, and intensifying into a sectional hatred unsurpassed in the annals of mankind. Therefore,

"Resolved, That the Confederate States invite the United States, through their government at Washington, to meet them by representatives equal to their representatives and senators in their respective Congress at ——, on the —— day of —— next, to consider,

“First: Whether they cannot agree upon the recognition of the Confederate States of America.

“Second: In the event of such recognition, whether they cannot agree upon the formation of a new government, founded upon the equality and sovereignty of the States; but if this cannot be done, to consider

“Third: Whether they cannot agree upon treaties, offensive, defensive, and commercial.

“Resolved, In the event of the passage of these resolutions, the President be requested to communicate the same to the Government at Washington, in such manner as he shall deem most in accordance with the usages of nations; and, in the event of their acceptance by that government, he do issue his proclamation of election of delegates, under such regulations as he may deem expedient.”

Eighteen car loads of coffee went up to the army to-day. I have not tasted coffee or tea for more than a year.

SOURCE: John Beauchamp Jones, A Rebel War Clerk's Diary at the Confederate States Capital, Volume 2, p. 142-4

Diary of John Beauchamp Jones: January 31, 1864

It rained moderately last night, and is cooler this morning. But the worst portion of the winter is over. The pigeons of my neighbor are busy hunting straws in my yard for their nests. They do no injury to the garden, as they never scratch. The shower causes my turnips to present a fresher appearance, for they were suffering for moisture. The buds of the cherry trees have perceptibly swollen during the warm weather.

A letter from Gen. Cobb (Georgia) indicates that the Secretary of War has refused to allow men having employed substitutes to form new organizations, and he combats the decision. He says they will now appeal to the courts, contending that the law putting them in the service is unconstitutional, and some will escape from the country, or otherwise evade the law. They cannot go into old companies and be sneered at by the veterans, and commanded by their inferiors in fortune, standing, etc. He says the decision will lose the service 2000 men in Georgia.

The Jews are fleeing from Richmond with the money they have made.

SOURCE: John Beauchamp Jones, A Rebel War Clerk's Diary at the Confederate States Capital, Volume 2, p. 139

Diary of John Beauchamp Jones: January 2,* 1864

Yesterday was the coldest day of the winter, and last night was a bitter one. This morning it is bright and clear, and moderating. We have had no snow yet.

There is much talk everywhere on the subject of a dictator, and many think a strong government is required to abate the evils we suffer. The President has temporarily lost some popularity.

The speculators and extortioners who hired substitutes are in consternation—some flying the country since the passage of the bill putting them in the army, and the army is delighted with the measure. The petition from so many generals in the field intimidated Congress, and it was believed that the Western army would have melted away in thirty days, if no response had been accorded to its demands by government. Herculean preparations will now be made for the next campaign, which is, as usual, looked forward to as the final one.

_______________

* Possibly misdated: the date of this diary entry may possibly have been January 3, 1864 as there are two entries for January 2, 1864 and the next entry is for January 4, 1864.

SOURCE: John Beauchamp Jones, A Rebel War Clerk's Diary at the Confederate States Capital, Volume 2, p. 123

Major-General William T. Sherman to “an Old Resident of St. Louis, Missouri,” September 8, 1864

IN THE FIELD, ATLANTA, GA., Sept. 8, 1864

DEAR SIR:—Yr kind note of Aug. 24 from Rochester, N. Y. reached me here and I am really thankful for the warm terms in which you write, and I know you will not feel the less kindly when you know we are inside Atlanta.  I don’t see why we cant have some sense about negroes as well as about horses, mules, iron, copper, etc.—but say nigger in the U. S. and from Sumner to Atty Kelly to the whole country goes crazy.  I never thought my nigger letter would get into the papers but since it has I lay low—I like niggers well enough, as niggers, but when fools & idiots try & make niggers better than ourselves I have an opinion.  We are also ruining our country in this bounty & substitute business.  It only amounts to spending money, it don’t make a single soldier.

Fools think they can buy off, and will spend their money on some worthless substitute who shirks and as is of no use & after spending all his money will have to serve besides.

Well this thing will work out its natural solution.

W. T. SHERMAN,

Maj. Gen.

SOURCES: “Negroes in Their Places,” The Montgomery Advertiser, Montgomery, Alabama, Tuesday, December 17, 1889, p. 4; “General Sherman on ‘Niggers,’” The Sentinel, Carlisle, Pennsylvania, Thursday, December 26, 1899, p. 1.

Diary of John Beauchamp Jones: December 31, 1863

Yesterday the Senate passed the following bill, it having previously passed the House:

“A Bill to be entitled An Act to put an end to the exemption from military service of those who have heretofore furnished substitutes.

“Whereas, in the present circumstances of the country, it requires the aid of all who are able to bear arms, the Congress of the Confederate States of America do enact, That no person shall be exempted from military service by reason of his having furnished a substitute: but this act shall not be so construed as to affect persons who, though not liable to render military service, have, nevertheless, put in substitutes.”

It was preceded by discussion, yet only two votes were cast in the negative. Mr. Wigfall, it is said, was strangely indisposed; however that might be, his speech is represented as being one of the best ever delivered by him.

To-morrow the President throws open his house for a public reception: his enemies allege that this is with a view to recovering popularity!

It rained during the whole of this day. Nevertheless, the Jews have been fleeing to the woods with their gold, resolved to take up their abode in the United States rather than fight for the Confederate States, where they leave in the ranks the substitutes hired by them.

SOURCE: John Beauchamp Jones, A Rebel War Clerk's Diary at the Confederate States Capital, Volume 2, p. 121-2

Diary of John Beauchamp Jones: December 24, 1863

Another interposition of Providence in behalf of my family. The bookseller who purchased the edition of the first volume of my “Wild Western Scenes—new series,” since Mr. Malsby's departure from the country, paid me $300 to-day, copyright, and promises more very soon. I immediately bought a load of coal, $31.50, and a half cord of wood for $19. I must now secure some food for next month.

Among the papers sent in by the President, to-day, was one from Gen. Whiting, who, from information received by him, believes there will be an attack on Wilmington before long, and asks reinforcements.

One from Gen. Beauregard, intimating that he cannot spare any of his troops for the West, or for North Carolina. The President notes on this, however, that the troops may be sent where they may seem to be actually needed.

Also an application to permit one of Gen. Sterling Price's sons to visit the Confederate States, which the President is not disposed to grant.

The lower house of Congress yesterday passed a bill putting into the army all who have hitherto kept out of it by employing substitutes. I think the Senate will also pass it. There is great consternation among the speculators.

SOURCE: John Beauchamp Jones, A Rebel War Clerk's Diary at the Confederate States Capital, Volume 2, p. 118-9

Diary of John Beauchamp Jones: December 17, 1863

Averill (Federal) made a raid a day or two since to Salem (Roanoke County, Va.), cutting the Virginia and Tennessee Railroad, destroying the depot, bridges, court-house, etc.

Gen. J. E Johnston has been ordered to take command of Bragg's army.

I saw a communication from Lieut.-Col. Ruffin (Commissary Bureau), suggesting the trade of cotton to the enemy in New Orleans for supplies, meat, etc., a Mr. Pollard, of St. Louis, having proposed to barter meat for cotton, which Col. Ruffin seems to discourage.

Gen. Halleck has proposed a plan of exchange of prisoners, so far as those we hold go. We have 15,000; they, 40,000.

A letter from Mr. Underwood, of Rome, Ga., says our people fly from our own cavalry, as they devastate the country as much as the enemy.

We have a cold rain to-day. The bill prohibiting the employment of substitutes has passed both Houses of Congress. When the Conscription act is enlarged, all substitutes now in the army will have to serve for themselves, and their employers will also be liable.

SOURCE: John Beauchamp Jones, A Rebel War Clerk's Diary at the Confederate States Capital, Volume 2, p. 116

Diary of John Beauchamp Jones: December 20, 1863

We have nothing new yet from Averill’s raiders; but it is said Gen. Lee has set a trap for them. From East Tennessee there is a report that a battle has taken place somewhere in that region, but with what result is not yet known.

There is much consternation among the Jews and other speculators here, who have put in substitutes and made money. They fear that their substitutes will be made liable by legislative action, and then the principals will be called for. Some have contributed money to prevent the passage of such a law, and others have spent money to get permission to leave the country. Messrs. Gilmer and Myers, lawyers, have their hands full.

The Confederate States Tax act of last session of Congress is a failure, in a great measure, in Virginia. It is said only 30,000 bushels of wheat have been received! But the Governor of Alabama writes that over 5,000,000 pounds of bacon will be paid by that State.

SOURCE: John Beauchamp Jones, A Rebel War Clerk's Diary at the Confederate States Capital, Volume 2, p. 117-8

Diary of John Beauchamp Jones: November 28, 1863

It rained last night. To-day there is an expectation of a battle near Chancellorville, the battle-ground of June last. Meade is certainly advancing, and Pickett's division, on the south side of the James River, at Chaffin's Farm, is ordered to march toward Lee, guarding the railroad, and the local defense men are ordered out.

My son Custis goes with his battalion to Chaffin's Farm in the morning.

There are rumors of six or eight thousand of the enemy marching up the line of the James River against Petersburg, etc. We have also a rumor of Gen. Rosser having captured the wagon train of two divisions of the enemy in Culpepper County.

From Bragg not a word since his dispatch from Ringgold, Ga., and nothing from Longstreet.

Gen. Whiting writes that a large number of Jews and others with gold, having put in substitutes, and made their fortunes, are applying for passage out of the country. They fear their substitutes will no longer keep them out of the army. Gen. W. says they have passports from Richmond, and that the spy who published in the North an account of the defenses of Wilmington, had a passport from Richmond. The government will never realize the injury of the loose passport system until it is ruined.

Never have I known such confusion. On the 26th inst. the Secretary ordered Gen. Pickett, whose headquarters were at Petersburg, to send a portion of his division to Hanover Junction, it being apprehended that a raid might be made in Lee's rear. Gen. P. telegraphs that the French steam frigate was coming up the river (what for?), and that two Federal regiments and three companies of cavalry menaced our lines on the south side of the river. The Secretary sent this to Gen. Elzey, on this side of the river, asking if his pickets and scouts could not get information of the movements of the enemy. To-day Gen. E. sends back the paper, saying his scouts could not cross the river and get within the enemy's lines. So the government is in a fog—and if the enemy knew it, and it may, the whole government might be taken before any dispositions for defense could be made. Incompetency in Richmond will some day lose it.

Three o'clock P.M. The weather is clear, and Lee and Meade may fight, and it may be a decisive battle.

I met Mr. Foote, of Tennessee, to-day. He asked me if I did not think our affairs were in a desperate condition. I replied that I did not know that they were not, and that when one in my position did not know, they must be bad enough.

SOURCE: John Beauchamp Jones, A Rebel War Clerk's Diary at the Confederate States Capital, Volume 2, p. 107-8

Diary of John Beauchamp Jones: November 15, 1863

After a fine rain all night, it cleared away beautifully this morning, cool, but not unseasonable. There is no news of importance. The Governor of Georgia recommends, in his message, that the Legislature instruct their representatives in Congress to vote for a repeal of the law allowing substitutes, and also to put the enrolling officers in the ranks, leaving the States to send conscripts to the army. The Georgia Legislature have passed a resolution, unanimously, asking the Secretary of War to revoke the appointments of all impressing agents in that State, and appoint none but civilians and citizens. I hope the Secretary will act upon this hint. But will he?

The papers contain the following:

“Arrived in Richmond, — Mrs. Todd, of Kentucky, the mother of Mrs. Lincoln, arrived in this city on the steamer Schultz, Thursday night, having come to City Point on a flag of truce boat. She goes South to visit her daughter, Mrs. Helm, widow of Surgeon-General Helm, who fell at Chickamauga. Mrs. Todd is about to take up her residence in the South, all her daughters being here, except the wife of Lincoln, who is in Washington, and Mrs. Kellogg, who is at present in Paris.”

“To The Poor. — C, Baumhard, 259 Main Street, between Seventh and Eighth, has received a large quantity of freshly-ground corn-meal, which he will sell to poor families at the following rates: one bushel, $16; half bushel, $8; one peck, $4; half peck, $2."

SOURCE: John Beauchamp Jones, A Rebel War Clerk's Diary at the Confederate States Capital, Volume 2, p. 98-9

Gerrit Smith’s Speech on the Rebellion and the Draft: Oswego, New York, July 29, 1863

I am embarrassed at the very outset. For I recollect that I am an abolitionist; and I recollect that in the public esteem he who is an abolitionist can not be a patriot. How then can I get a hearing from you? For surely you are not willing to hear any other than a patriot on National affairs. I must propitiate you if I can. I will try the power of a confession to that end. My confession is — that if a man can not be a patriot whilst yet an abolitionist, he should cease to be an abolitionist — that he should renounce his abolition if it at all hinders him from going for his country. I add that I go no longer for the Anti-Slavery Society, nor for the Temperance Society, no nor for my Church, if they go not for my country.

But what is it to go for one's country? Is it to go for her right or wrong? It is not. The true man goes for nothing in himself that is wrong. The true patriot goes for nothing in his country that is wrong. It is to go for all her boundaries, and to yield up no part of them to her enemy. It is to be unsectional — and to know no North and no South, no East and no West. It is to go for the unbroken and eternal union of all her sections. It is to love her with that Jewish love of country, which takes pleasure in her very stones and favors even the dust thereof. How very far then is he from going for his country who would surrender a part of her to appease the men who have rebelled against her And let me here say that he does not go for her who, for the sake of securing the abolition of slavery, would consent to dismember her. Another way for going for one's country is to cling to her chosen form of government — in a word, to her Constitution. I do not mean that it is to prate for her Constitution and to affect a deep regard for it, whilst sympathizing with its open enemies — ay, and to affect this regard for the very purpose of thereby more effectively serving those enemies. It is, as in our case who have so excellent a Constitution, sincerely to value and deeply to love its great principles of justice, liberty and equality — those very principles which caused the Southern despots to make war upon it and fling it away — those very principles which caused the Northern sympathizers with these despots to hate it in their hearts whilst yet their false lips profess to love it. To go for one's country is also to make great account of her cherished names and of all that is precious in her institutions, traditions, and memories. But of all the ways of going for one's country that of going against her enemies is at once the most effective and the most evidential of sincerity and earnestness.

Let us glance at some of our duties in this crisis.

In the first place, we are to stand by the Government. Not to stand by it is not to stand by the country. Were the Government unfaithful I would not say so. But it is faithful. It is intent on saving the country. And it is not the weak Government which it is accused of being. In both Houses of Congress the cause of the country has many able advocates. There are strong men in the Cabinet. The President is himself a strong man. His Pro-Slavery education is almost the only thing in him to be lamented. That education is still in his way. It was emphatically so in the early stages of the war. It entangled him with the Border Slave States, when he should have been free with the Free States. Nevertheless, I take pleasure in both his ability and honesty; and this I do notwithstanding I did not vote for him and that I never voted for his party. Some of the richest and sublimest comments on the Declaration of Independence which I have ever read are from his pen. His letter to the officers of the Albany Democratic Convention, is a monument of his vigorous common-sense, of his clear and convincing logic, of his reasonableness and moderation, of his candor and frankness. On the whole, Washington always excepted, we have had no President who is to be more esteemed and beloved than Abraham Lincoln.

I said that not to stand by the Government is not to stand by the country. Every man who in time of war busies himself in slandering the Government and weakening the public confidence in it, is among the meanest and worst enemies of the country. How base and pernicious the slander that the Government is no longer prosecuting the war to save the country! A State Convention in Pennsylvania — and that too, at the very time when the State was invaded and her capital threatened — improved upon this slander by deliberately resolving that the Government avows and proclaims that the saving of the country is no longer its object in the war. What wonder that there should be mobs against drafting soldiers when there are such incitements to such mobs —when there is so much industry and so much art to persuade the people that the drafted soldiers are to be used, not for the one legitimate purpose, but for some sinister or party purpose! These mobs, though they fill us with sorrow, do nevertheless not surprise us. For we see them to be the natural and almost necessary fruit of those incessant declarations by unprincipled politicians that the Government has turned away from the object of saving the country, and is now calling for men and money where with to promote other and odious objects. Upon these knavish and lying politicians rest the blame and the blood of all these mobs.

In the second place, we are to insist on the immediate and unconditional submission of the rebels. Nothing short of this would suffice for their humiliation and their good. Moreover, nothing short of this would save our Government and our country from being deeply and indelibly disgraced — ay, totally wrecked and ruined. Therefore there must be no armistice, no terms. To bargain with them; to give them time; to make concessions to them; to purchase peace from them; to make any peace with them, whilst as yet they have arms in their hands, would be to leave them with even a more incorrigible spirit than they now have, and it would also be to leave ourselves without a nation. That which would be left to us would be but a nominal nation — and it would be liable to be broken up in a twelvemonth. What is more, neither the world, nor we ourselves, could ever have any respect for it. A nation that is compelled to yield to traitors may be respected by both other nations and itself. But a nation which has power to overwhelm the traitors, and yet is too corrupt or cowardly to wield it, must be, ever after, a stench both in its own and in others' nostrils. In the light of what I have just said it is not too much to add that whilst Americans who counsel peace on any lower terms than the absolute submission of the rebels are traitors, those speakers and writers in foreign lands who do likewise are hypocrites, because they well know that what they counsel for our nation they would, were it counseled for their own, promptly and indignantly reject.

In the third place, we must not be speculating on what is to be done with the rebels after they shall be conquered. Such speculation is wholly unseasonable and it but tends to divide us. Whilst as yet the rebels are unconquered, we can not afford to be divided. The needless, foolish, guilty, and exceedingly hurtful differences among us are what alone make our conquest of the rebels uncertain. When we shall have conquered them, then we can talk to our heart's content of what should be done with them and their possessions. Besides, we know not now in what mood they will be then; and therefore we know not now what it will be proper for them to receive at our hands. If they shall be impenitent and defiant, we shall need to impose very careful restrictions upon them; but if penitent and humble, then we can risk being trustful and generous toward them. And then, too, notwithstanding their enormous crimes against their country — against. earth and heaven — we shall gladly look upon our sorrowful Southern brethren as our brethren still.

In the fourth place, we must insist that other nations shall let us alone. Ours is a family quarrel, and none but the family can be allowed to meddle with it. We can tolerate neither intervention nor mediation. We shall repel both. Mediation, proffered in however friendly a spirit, we shall regard as impertinence; and intervention, although bloodless and unarmed at the beginning, we shall from the beginning construe into war. And here let me add, that whilst we very gratefully acknowledge, the able advocacy of our cause by many distinguished men of Europe, and no less gratefully the true, intelligent, and generous sympathy with it of the masses of Europe; and that whilst we would not discourage our citizens from going abroad to plead that cause; we, nevertheless, are entirely convinced that the work to be done for our country is to be done in it — to be done by earnest appeals from Americans to Americans, and by hard blows from a loyal upon a disloyal army.

Let us now pass on to consider what should be the character of our opposition to the rebellion. I said that the rebels must be unconditional in their submission. I add that our opposition to the rebels must also be unconditional. The surrender of ourselves to our high and holy cause must be absolute. We must stipulate for nothing. We must reserve nothing in behalf of our Democratic, or Republican, or Abolition, or Temperance, or any other party — nothing in behalf of any individual interests. Nay, we must make no conditions in behalf of either the Constitution or the country. We have now but one work. The putting down of the rebellion is the supreme duty which America owes to herself, to mankind, and to God. Is it said that recent events have given us another work to do? the work of putting down and keeping down mobs? I answer that these mobs are nothing more nor nothing less than Northern branches and Northern outbreaks of the Southern rebellion, and that the rebellion ended, the mobs will also be ended. This, by the way, being the true character of these mobs, the Federal war power is as clearly bound to lay its restraining hand on those who get them up as on any other parties to the rebellion. It should spare no traitorous press, because of its great influence, and no traitorous politician because of his high office, when it is clear that they have been at work to generate the passions and prejudices, the treason and anarchy which have resulted in disturbances, so frightfully marked, in some instances, by fire and blood.

These mobs, by the way, aside from their destruction of innocent and precious life, are not to be regretted. Nay, they are to be rejoiced in, because they reveal so certainly and so fully the animus of the leaders of this “Northern Peace Party,” and therefore serve to put us more upon our guard against these desperate leaders. I am not at all surprised at hearing that many an honest man, who had sympathized with this party, is so far enlightened by these mobs as to turn away from it forever.

The motto of every man among us should be: “Down with the Rebellion at whatever cost!” It must go down, even though Constitution and country go down with it. If the rebellion is to live and triumph, then let all else, however dear, die.

Not Constitution nor country, not our farms nor our merchandise, not our families nor our own lives, could be any longer of value to us. Are there Republicans who, in this trial hour of integrity, are intent on keeping their party in power? then are they false to their country. In time of peace let there be parties to represent the different views in regard to the proper character, and conduct of the Government. But in time of war to cling to party is treason to the country. For then the great question is, no longer as in time of peace, how the Government shall be shaped and administered, but the infinitely greater one — whether we shall have a country to govern. Are there Democrats who, at such a time, are intent on getting their party into power? False to their country are they also. Is it their plea that they are talking for the Constitution? I answer, that their talk should be against the rebels. This talking for the Constitution, whilst not talking against the rebels, is but hypocrisy. Are there Abolitionists who say that they can not help put down the rebellion unless the Government will pledge itself to put down slavery? Let me say, that with such one-idea men I have no sympathy. Like the sham Republicans and sham Democrats I have referred to, they are but workers for the rebels. To all who feel this unseasonable and treasonable solicitude for party, let me say that the true doctrine is: “Come what will of it to the Republican, or Democratic, or Abolition, or any other party — though they all go to flinders and be reduced to a heap of ruins — the Rebellion, nevertheless, shall be put down!” Moreover, notwithstanding our differences in other relations and other respects, we are all to be brothers and close fellow-laborers in the work of putting down the Rebellion. The laborers in this work we are not to know as Democrats, or Republicans, or Abolitionists, or Temperance men, but only as anti-rebellion men. During the greater part of my life I have tried to do something against slavery and drunkenness. But in this great battle against the Southern rebels and their Northern allies, whose success would, in its results, be the entire overthrow of free Government, not only here and in Mexico, but wherever it exists, I am ready to fight alongside of all who will fight alongside of me: with, if you please, the biggest drunkard on the one side and the biggest pro-slavery man on the other. Whilst I am against all who are for the rebels, I am for all who are against them. Until the Rebellion is crushed we should know but two parties: the one made up of those who, in standing by and strengthening the Government, prove themselves to be the friends of the country; and the other made up of those who, in assailing and weakening the Government, prove themselves to be the enemies of the country. Are there, I repeat, Abolitionists who, in such a time as this, stand back and refuse to join in putting down the Rebellion save on the condition that slavery also shall be put down? If there are, then are they also among those who embarrass the Government, and then are they also to be numbered with the enemies of the country. If there are such Abolitionists, I am persuaded they are few. But whether they are few or many, let me say that it is very little to their credit to let the crime of slavery fill the whole field of their vision and blind them to the far greater and more comprehensive crime of the rebellion. Will they reply, that the rebellion is but slavery — slavery in arms? Then upon their own ground they should be helping to put it down, since the putting of it down would be the putting down of slavery also.

I referred to Mexico. If our rebellion shall succeed, her fate is sealed. If it should fail, then it may even be that Napoleon's is sealed. I say not that our Government would be disposed to meddle with him. But I do say that our people would be. Tens of thousands of our disbanded troops would hasten to Mexico to make common cause with their outraged republican brethren. I add, that whilst despots everywhere would exult in the triumph of our rebellion, despots everywhere will tremble at its overthrow.

Some of my hearers may think, because I said we must make no conditions in its behalf, that I am not suited with the Constitution. I am entirely suited with it. I have always opposed changes in it, and probably always shall. No Democrat even has spoken or written so much for it just as it is as I have. Let not a word in it be altered. It is exactly what we want of a Constitution, both in peace and war. Governor Seymour says, in his Fourth of July speech that the Government has suspended it. If it has, it has done very wrong. I do not see that it has in even the slightest degree. But there are some things which the Governor and I see with very different eyes. For instance, the Governor and the men of his school see that the blame of the war rests chiefly upon the North. On the other hand, I see that every particle of it rests on the South. They say that our talking and legislating against slavery annoyed the South; and we, in turn, say that her talking and legislating for it annoyed the North. But we deny that the annoyance did in either case justify war. As to the talking — it must be remembered that our Southern and Northern fathers agreed upon a Government, which tolerates talk — talk even against good things — against things which, if that be possible, are better than even slavery. So the South should not make war upon us because we talk against her slavery; and we should not make war upon her because she stigmatizes our noble farmers and noble mechanics as “the mudsills of society.” Then, as to the legislation, it must be remembered that whilst we were willing to have the constitutionality of ours passed upon by the Supreme Court of the United States, she threatened to murder and actually drove from her the honorable men whom we deputed to visit her for the purpose of getting her consent to such a testing of her pro-slavery legislation. Truly, truly do I pity the man who is so perverted as to divide the blame of this war between the North and the South. The North is not only mainly but entirely innocent of it.

I eulogized the Constitution. Let not the eulogy be construed into my overrating of a Constitution. I frankly say that if I thought that our Constitution stood at all in the way of our most effective prosecution of the war, I should rejoice to have it swept out of the way. The country is more than the Constitution. I would not exchange one of her majestic mountains or rivers for all the Constitutions you could pile up between earth and heaven. God made the country. But man made the Constitution. The loss of the country would be irreparable. But if the Constitution is lost, we will j, upon his inspirations of the human mind for another.

I spoke disparagingly of one-idea men. There is a sense in which I wish that all of us were one-idea men. I would that all of us might be one-idea men until the Rebellion is put down. To put it down — this, this is the one idea of which I would have every man possessed to the exclusion of every rival idea. For the sake of no other idea would I have conditions made with this paramount idea. Were we all such one-idea men the North would triumph speedily — and so grandly too as to win the admiration and esteem even of the South. And then would the North and the South again become a nation — not, as before, an inharmonious and short-lived one, but a nation at peace with itself, at peace with every other nation, and therefore a permanent nation. God grant us this glorious and blessed future! And he will grant it, if we are so manly and patriotic, so wise and just, as to postpone every other claim to that of our country and every other duty to that of putting down the Rebellion.

Let us now take up the Conscription Law. Some say that it is unconstitutional. I can not see any thing unconstitutional in it — though perhaps I could were I a lawyer. Some go so far as to deny that the Constitution gives Congress the right to compel persons to defend the country. All I can say is, that if it did not give the right, it should not have empowered Congress to declare war and raise and support armies. For thus to have empowered it was in that case but to mock it. It was only to seem to give much whilst really giving nothing.

For one, I do not look into the Constitution for proof that the National Legislature has the right to compel persons to fight the battles of the country. It is enough for me to know that this vital right inheres in a National Legislature — that the supreme power of a nation necessarily has it — and that a Constitution which should deny or in the slightest degree restrict it, would be fit only to be thrown away. For the credit of the Constitution, I am happy that it recognizes and asserts the right. But the Constitution does not create it. My refusal to look into the Constitution for the origination of this right rests on the same principle as that by which I am withheld from looking into the Bible for the origination of the parent's right to take care of his children. It is, I admit, one of the merits of this best of books that it recognizes the right and enjoins its exercise. But the right is older than the Bible. It dates as far back as the time of the first parent. It is an inherently parental as the other is an inherently national right.

It is also said that the Conscription Law favors the rich, and oppresses the poor. The National and State militia laws do so; but the Conscription Law spares the poor and spares not the rich. Members of Congress, Postmasters, and a score of other classes, making in all no very small share of the men, are, under those laws, exempted from military service; whilst under the Conscription Law none but poor men are exempted, save only the Vice-President, the Heads of Departments, the United States Judges, and the Governors of the States. And now mark how numerous must be the several classes of the exempted poor.

1st. The only son of the widow dependent on his labor.

2d. The only son of aged or infirm parents dependent on his labor.

3d. One of the two or more sons of such parents.

4th. The only brother of orphan children not twelve years old dependent on his labor.

5th. The father of motherless children under twelve years of age dependent on his labor.

6th. Where there are a father and sons in the family, and two of them are in the army and in humble positions in it, the residue not exceeding two are exempt.

Now, was there ever a law less sparing of the rich and more tender to the poor? And yet this law, so exceedingly honorable to the heads and hearts of its makers, is denounced as oppressive and cruel by demagogues who, to get themselves into power, would destroy the popular confidence in the Government and destroy the country also.

But, it is held, that the commutation or three hundred dollar clause is oppressive to the poor. It is, on the contrary, merciful to the poor. But for it the price of a substitute might run up to three or four times three hundred dollars — a price which a poor man would scarcely ever be enabled to pay. The three hundred dollars, however, many a poor man can, with the help of friends, be able to raise. But why not, it may be asked, have favored the poor by making the maximum no more than fifty or a hundred dollars? This, instead of favoring, would have but oppressed the poor. For the Government, not being able to procure substitutes at the rate of fifty or a hundred dollars, would have been compelled to repeat its drafts. And thus tens of thousands of poor men who had paid their fifty or a hundred dollars in order to keep out of the army would after all be obliged to enter it.

Alas! this clamor against the unconstitutionality of the Conscription Law! How sadly it betrays the prevailing lack of patriotism! Had there been no unpatriotic person amongst us, there would have been not only nothing of this clamor, but not so much as one inquiry into the constitutionality of the law. The commonness of this inquiry indicates how commonly the love of country must be very weak in the American bosom. Why is it so weak 2 Some say it is because of our characteristic or Yankee greed of gain; and some say it is because of our long-continued and soul-shriveling practice of persecuting and outraging an unfortunate race. . . . Some ascribe it to one thing and some to another. But whatever the cause, the effect is obvious.

Oh! how base must they have become who, when rebels are at the throat of their nation, can hie themselves to the Constitution to see how little it will let them off with doing against those rebels — how little with doing for the life of that nation! Our noble Constitution should be used to nourish our patriotism; but alas! it is perverted to kill it!

I have noticed the action of the authorities of several of the cities of our State, in regard to the Conscription Law. In some of them this action is very bad. The sole object of the law is to raise an additional force for completing the destruction of the Rebellion. Now, the city of New-York and some other cities would take advantage of its humane feature of commutation to defeat this sole object of the law. For they would take advantage of it. to buy off the mass of their drafted citizens. This wholesale buying violates to the last degree the spirit of the law; deprives the country of the benefit of the legitimate and intended effect of the law; and saves the Rebellion from being crushed by the faithful and fair carrying out of the law. If one city may resort to this wholesale buying, so may every other; so may every county, and so may every State; and so may the Conscription Law be rendered unavailing.

I admit the duty of the wealthy to avail themselves of this commutation clause to save, here and there, from going to the war the man to whom it would be a peculiar hardship to go. I also admit that every city, disposed to do so, can very properly vote the three hundred dollars to every drafted man who serves or to his substitute. I care not how much the cities help the soldiers. The more the better. I am glad that Oswego voted ten thousand dollars two years ago, and five thousand last spring to the families of her soldiers. Let her vote hereafter as much as she pleases to the soldiers and their families. I will pay cheerfully what share of the tax shall fall on my property in the city; and more cheerfully would I take part in voluntary contributions. I have sometimes heard the remark that neither the rich nor the poor should be allowed to procure substitutes. The remark is both ill-natured and foolish. Among the drafted will be both rich and poor men, who ought to be spared from going to the war. I am not sorry that so many rich men have gone to the war. Nevertheless, let as many rich men as will remain at home to continue to give employment to the poor in manufactories and elsewhere, and to maintain a business and a prosperity which can be heavily taxed to meet the expenses of the war. Men of property should be heavily taxed to this end; and my only objection to the Income Tax, is that it is not more than half large enough. It should be six and ten instead of three and five per cent.

But I must close. How unreasonable, how unpatriotic, how wicked to murmur at this draft! The South, to serve her bad cause, is, at this moment, responding to the call for absolutely all her able-bodied white males between the ages of eighteen and forty-five; whilst the call to serve our best of all causes is for not more than about one seventh or one eighth between those ages. And yet we murmur at the draft; and in a few localities there is a rabble so far under the sway of traitorous demagogues, as to resist it with force and arms. These demagogues, by the way, as silly as they are wicked, instead of seeing in this resistance only another argument with the Government for proceeding promptly, very promptly with the draft, flattered themselves that the Government would succumb to the mobs and abandon the draft; would surrender to anarchy instead of maintaining law.

Our people need to be loyally educated. When they are, they will be eager to serve their imperiled and beloved country in any way, however expensive or hazardous. I rejoice to see that in many parts of the country the draft is met in a cheerful and patriotic spirit. May this spirit soon obtain everywhere.

The love of country — the love of country — that is what we lack. Would that we had somewhat of that love of country which Robert Emmet felt for his dear Ireland; somewhat of that love of country which awakens the sublime utterances of Kossuth for his dear Hungary; somewhat of that love of country which stirs the great soul of Garibaldi, as he contemplates his still, but not-ever-to-be, disunited Italy; somewhat of that love of country which arms her young men, ay and her young maidens too, to battle for their down-trodden and dear Poland! Let us have somewhat of such love — and then when our bleeding country makes her call upon us, we shall not pause to inquire whether it is couched in Constitutional words; but we shall hasten to obey it, simply because it is our country that makes it, and our country that needs our obedience.

SOURCES: Octavius Brooks Frothingham, Gerrit Smith: A Biography, p. 259 (excerpted); For the full text of the speech: Gerrit Smith, Speeches and Letters of Gerrit Smith (from January 1863, to January 1864), etc, Volume 1, p. 35-44 

Diary of John Beauchamp Jones: November 1, 1863

No news from any of the armies this morning. But Gen. Whiting writes that he is deficient in ordnance to protect our steamers and to defend the port. If Wilmington should fall by the neglect of the government, it will be another stunning blow.

However, our armies are augmenting, from conscription, and if we had honest officers to conduct this important business, some four or five hundred thousand men could be kept in the field, and subjugation would be an impossibility. But exemptions and details afford a tempting opportunity to make money, as substitutes are selling for $6000 each; and the rage for speculation is universal.

The President is looked for to-morrow, and it is to be hoped that he has learned something of importance during his tour. He will at once set about his message, which will no doubt be an interesting one this year.

How we sigh for peace, on this beautiful Sabbath day! But the suffering we have endured for nearly three years is no more than was experienced by our forefathers of the Revolution. We must bear it to the end, for it is the price of liberty. Yet we sigh for peace — God knows I do — while at the same time we will endure the ordeal for years to come, rather than succumb to the rule of an oppressor. We must be free, be the cost what it may. Oh, if the spirit of fanaticism had been kept down by the good sense of the people of the United States, the Union would have been preserved, and we should have taken the highest position among the great powers of the earth. It is too late now. Neither government may, for a long series of years, aspire to lead the civilized nations of the earth. Ambition, hatred, caprice and folly have combined to snap the silken cord, and break the golden bowl. These are the consequences of a persistency in sectional strife and domination, foreseen and foretold by me in the “Southern Monitor,” published in Philadelphia; no one regarded the warning. Now hundreds of thousands are weeping in sackcloth and ashes over the untimely end of hundreds of thousands slain in battle! And thousands yet must fall, before the strife be ended.

SOURCE: John Beauchamp Jones, A Rebel War Clerk's Diary at the Confederate States Capital, Volume 2, p. 85-6

Diary of John Beauchamp Jones: October 21, 1863

Gen. Lee telegraphed last night that our cavalry had routed the enemy's horse on Monday, capturing some 200, etc. etc.

The Legislature passed a series of resolutions yesterday, requesting the Secretary of War to impress free negroes for the public works; to detail the 2d class militia (over 45); and to order into the ranks the thousands of detailed soldiers and conscripts seen everywhere. The report of a committee states that conscripts and soldiers pay bonuses to contractors to have them detailed, and then they furnish negroes as substitutes to perform the work, engaging themselves in speculation. Also that one-third of the conscripts of one county have been detailed to get wood for certain iron works which have a year's supply on hand! Surely the Secretary will attend to this.

There is a row about passports. It appears that Judge Campbell and Gen. Winder are competitors in the business. Judge O. yesterday remarked that, at Gen. Winder's office, he understood a passport could be bought for $100; and this was repeated by Mr. Kean, the young Chief of the Bureau, and it somehow reached the ears of Gen. Winder. Perhaps Judge C. reported the fact of his belief to Mr. Secretary Seddon, who had ceased to grant any himself (to the United States), and of course was not aware of the great number his assistant, much less Gen. W., issued; and if so, it is probable he called Gen. W. to an account. The general, in a rage, charged Mr. Kean with the propagation of a damaging report. Mr. K. said he heard Mr. Chapman (a clerk) say so — and so off they started in pursuit of Chapman, who could not be found up to 3 P.m. By to-morrow Gen. W. may hear of Judge Campbell's remarks and agency, and a pretty kettle of fish they will have, if Judge C.'s record be brought to the notice of the Secretary! It is all wrong, and if the business be not better regulated or terminated, it will terminate the government. Gen. Lee's reputation as a great captain will be ruined, if the blockade-runners be allowed to continue to give information to the enemy of all his movements.

SOURCE: John Beauchamp Jones, A Rebel War Clerk's Diary at the Confederate States Capital, Volume 2, p. 77-8

Lieutenant-Colonel William T. Lusk to Elizabeth Adams Lusk, July 20, 1863

Headquarters Del. Dept.

Wilmington, Del., July 20th, 1863.

My dear Mother:

You have heard before now, I suppose, that I was in New-York a few days last week. I saw Horace then, but the excitement of the riots excluded all other topics of conversation.

Lilly was kind enough to write me a letter which I shall gladly answer, as I have time enough now to remember all correspondents that remember me. If nothing else, I have abundant opportunities to read and write. After the draft has been enforced in this State, the necessity for Martial Law will probably have passed away. Then I hope either to have more active service, or to get relieved altogether. My summer experience will lead me to enjoy with the greater zest, the coming winter.

Gen. Tyler has behaved most handsomely I think, for when he was ordered to Maryland Heights, it was with the understanding that he was to have an important command, if not that of the Middle Department itself. But the loss of Milroy's Army, the advance of Hooker, and consequent assignment of French to the Heights, the troubles in Baltimore, one and all operated to break up all plans, and to leave him in his present position. I have not heard him utter, for all, a single word of complaint, though necessarily his position must be very irksome to him.

Aunt Maria, Uncle Phelps and Nellie were in NewYork for a few hours while I was there, but I did not know it until it was too late. Mr. ——, who lives opposite my Uncle's, sent for me to come and see him. He proposed that I should take charge of a patrol to protect their part of the town. I turned to young —— and suggested that he would make one of the patrol. "No," says the young man, "but I'll furnish a porter from father's store as a substitute." Indeed thought I, with such heroic youths, there is no need of doing anything here. I can let this part of the city take care of itself.

Your affec. Son,

Will.

SOURCE: William Chittenden Lusk, Editor, War Letters of William Thompson Lusk, p. 290-1

Diary of John Beauchamp Jones: September 1, 1863

Another letter from Gen. Whiting, urging the government by every consideration, and with all the ingenuity and eloquence of language at his command, to save Wilmington by sending reinforcements thither, else it must be inevitably lost. He says it will not do to rely upon what now seems the merest stupidity of the enemy, for they already have sufficient forces and means at their command and within reach to capture the fort and city. He has but one regiment for its defense!

I saw to-day a telegraphic correspondence between the Secretary of War and Gen. Buckner in regard to the invasion of Kentucky, the general agreeing to it, being sure that with 10,000 men he could compel Rosecrans to fall back, etc. But I suppose the fall of Vicksburg, and the retreat from Pennsylvania, caused its abandonment.

Hon. Wm. Capeton, C. S. Senate, writes the Secretary on the subject of compelling those who have hired substitutes now to serve themselves, and he advocates it. He says the idea is expanding that the rich, for whose benefit the war is waged, have procured substitutes to fight for them, while the poor, who have no slaves to lose, have not been able to procure substitutes. All will be required to fight, else all will be engulfed in one common destruction. He will endeavor to get an expression of' opinion from the Legislature, about to assemble, and after that he will advocate the measure in Congress, intimating that Congress should be convened at an early day.

SOURCE: John Beauchamp Jones, A Rebel War Clerk's Diary at the Confederate States Capital, Volume 2, p. 30-1

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