Rebellion Record: a Diary of American Events: Documents and Narratives, Volume 10.
Frank Moore, Ed.

[45] sixty days, if the prisoner be in close confinement.

Section thirty. In time of war, insurrection, and rebellion, cases of felony, by persons in military service, are to be tried only by courts-martial, subject to the articles of war — the penalty to be not less than is prescribed in the State where the offence is committed.

Section thirty-one. Officers absent on leave are to receive half-pay and allowance, and if absent without leave, no pay and allowance during such absence.

Section thirty-two. Commanders of regiments and batteries in the field to have power to grant furloughs, not exceeding thirty days, to five per cent of the non-commissioned officers and privates, for good conduct.

Section thirty-three. The President is to assign drafted persons to any corps or service which exigencies may require.

Section thirty-four. Details to special service are to be made only with consent of the commanding officer in the field, and no extra pay for special service to be allowed.

Section thirty-five rescinds general orders of War Department Numbers 154 and 162, and forbids enlisting from the volunteers for regular army.

Section thirty-six provides compensation for the grades in the cavalry service, not before provided for, namely, regimental commissary same as regimental quartermaster, chief trumpeter same as chief bugler, saddler-sergeant the same as regimental commissary-sergeant, company commissary-sergeant same as company quartermaster's sergeant. Also provides that the grade of supernumerary second lieutenant and two teamsters for each company, and one chief farrier and blacksmith for each regiment, shall be abolished; also, that each company may have two trumpeters, to be paid as buglers; one veterinary surgen to each regiment, at seventy-five dollars per month, and rank of regimental sergeant-major.

Sir, these provisions embodied in this bill are intended to meet the needs of the country and the requirements of the military service. They have been incorporated into the bill after much examination and reflection, and with the approbation of several of our most experienced military men. I am confident the enactment of this bill, embodying so many provisions required by the exigencies of the public service, will weapon the hands of the nation, fire the drooping hearts of the people, thrill the wasting ranks of our legions in the field, carry dismay into the councils of treason, and give assurance to the nations that the American people have the sublime virtue of heroic constancy and endurance that will assure the unity and indivisibility of the republic of the United States.

Mr. Cowan, of Pennsylvania, moved to exempt Members of Congress from the enrolment and draft. On motion of Mr. Lane, of Kansas, the yeas and nays were ordered on the amendment. Mr. Richardson, of Illinois, and Mr. Doolittle, of Wisconsin, supported Mr. Cowan's amendment. Mr. Wilson thought its adoption would weaken the moral force of the law — he wanted every body to feel that this measure was a necessity, forced upon us by the needs of the country; that to be drafted to carry this country through the impending struggle was the most honorable thing that can fall upon an American citizen. The amendment was lost — yeas, thirteen; nays, twenty-four.

Mr. Cowan then moved to exempt Governors, Members of the State legislatures, and members of the judiciary of the several States. Mr. Clark, of New-Hampshire, moved to amend the amendment by striking out the words “members of the State legislatures” --yeas, twenty-two; nays, twenty; so the amendment to the amendment was agreed to. On motion of Mr. Fessenden, Mr. Cowan's amendment exempting the members of the judiciary of the several States was amended by adding the words, “justices of the peace not included;” and the amendment as amended was adopted. Mr. Collamer moved to amend the twelfth section by adding, “that in assigning to the districts the number of men to be furnished, the President should take into account the number of volunteers or militia furnished from the State, and allow the same, according to the period of their service, and allow the same to be apportioned equally among the districts in the State, and make apportionment of the districts of the several States accordingly.” Mr. Sumner moved to amend the amendment so as to include all persons furnished the navy as far as can be ascertained. The amendment to the amendment was opposed by Mr. Grimes, Mr. Rice, Mr. Davis, and Mr. Howe, and rejected. Mr. Collamer's amendment was then agreed to.

Mr. Powell moved to exempt professors in colleges and teachers in schools; but the amendment was rejected without a division. Mr. Sumner moved to amend the amendment of Mr. Collamer, which had been agreed to, by adding “that in assigning to the districts in each State the number of men to be furnished therefrom, the President should take into account the number of persons that might thereafter be furnished to the navy, so far as could be ascertained;” and it was agreed to. Mr. Clark moved to strike out the thirteenth section, and insert: “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, 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 ”