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[69] provided: That the provisions of the twenty-first section of the act for enrolling and calling out the national forces, and for other purposes, approved March third, 1863, should apply as well to the sentences of the military commissions as to those of courts-martial; and thereafter, the commanding general in the field, or the commander of the department, as the case might be, should have power to carry into execution all sentences against guerrillas, and for robbery, arson, burglary, rape, assault with intent to commit rape, and for violation of the laws and customs of war, as well as sentences against spies, mutineers, deserters, and murderers. The second section provided that every officer authorized to order a general court-martial should have power to pardon or mitigate any punishment ordered by such court, including that of confinement in the penitentiary, except the sentence of death, or of cashiering or dismissing an officer, which sentences it should be competent, during the continuance of the rebellion, for the general commanding the army in the field or the department commander, as the case might be, to remit or mitigate; and the fifth section of the act approved July seventeenth, 1862, chapter two hundred and one, be repealed so far as it related to sentences of imprisonment in the penitentiary. The Military Committee reported in favor of striking out of the first section after the word “guerrillas,” the words, “for robbery, arson, burglary, rape, assault with intent to commit rape, and the violation of the laws and customs of war.” The amendment was opposed by Mr. Howard, of Michigan. On the sixteenth, the Senate resumed the consideration of the bill, and Mr. Wilson modified the amendment by striking out the word “and,” so that it would read: “Shall have power to carry into execution all sentences against guerrillas for robbery, arson, burglary, rape, assault with intent to commit rape, and for violation of the laws and customs of war.” Mr. Johnson opposed the passage of the bill, and Mr. Davis denounced it as “another of the series of strange and absurd bills that these extraordinary times have originated.” But the amendment was agreed to. On the thirtieth, the Senate resumed the further consideration of the bill, and Mr. Hendricks moved to amend it by providing that the term “guerrillas” therein contained should not be held to include persons employed in the authorized service of the enemy. Mr. Conness moved to amend the amendment by adding the words, “whose operations shall be conducted according to the laws of war.” But the amendment was rejected, and Mr. Hendricks's amendment was agreed to. On motion of Mr. Sumner, the bill was so amended as to provide that wherever the word “guerrilla” occurred, the word marauders should be inserted, so as to read “guerrilla marauders.” Mr. Wilson moved to amend by adding a new section, providing that when a soldier in hospital should be discharged from the military service, but should be unable to leave or to avail himself of his discharge in consequence of sickness or wounds, and should subsequently die in such hospital, he should be deemed to have died in the military service. On motion of Mr. Lane, of Indiana, the amendment was so amended as to read, “when a soldier in any hospital shall have been discharged or shall be discharged;” and the amendment as amended was agreed to. Mr. Wilson then moved further to amend the bill by adding, “that payments which have been made by paymasters to non-commissioned officers of volunteer regiments from the date of their enrolment, and for a time previous to their muster into the service of the United States shall, if otherwise correct, be allowed in the settlement of such paymasters' accounts;” and the amendment was adopted. The bill as amended was then passed, and its title amended so as to read: “A bill to provide for the more speedy punishment of guerrilla marauders, and for other purposes.” In the House, on the first of July, the amendments of the Senate were disagreed to, a committee of conference asked for, and Mr. Farnsworth, of Illinois, Mr. Holman, of Indiana, and Mr. More-head, of Pennsylvania, were appointed managers. The Senate, on motion of Mr. Wilson, insisted on its amendments, agreed to a committee of conference, and Mr. Trumbull, Mr. Lane, of Indiana, and Mr. Van Winkle, of West-Virginia, were appointed managers. On the second, Mr. Trumbull, from the committee of conference, reported: “That the House recede from its disagreement to the first amendment of the Senate, and agree to the same. That the Senate recede from its second amendment, being the proviso to the first section. That the House recede from its disagreement to the Senate's third amendment, and agree to the same, with the following amendment: add to the end of said amendment the following words,” so far as relates to bounties. “That the Senate recede from its further amendment. That the House recede from its disagreement to Senate's amendment to the title of said bill and agree to the same.” The report was agreed to. The House of Representatives concurred in the report of the committee of conference, and the bill was approved by the President on the second of July, 1864. No. Lxxi.--The Bill to provide for the better Organization of the Quartermaster's Department. In the Senate, on the eighth of March, 1864, Mr. Wilson introduced a bill to provide for the better organization of the quartermaster's department, which was read twice and referred to the Military Committee. On the fourth of April, Mr. Wilson reported it back with amendments. The bill provided: That there should be established in the office of the Quartermaster-General, to exist during the rebellion and one year thereafter, the following divisions, each of which should be placed in the charge of a competent officer of the quartermaster's department, who should, under such rules as might be prescribed by the Quartermaster-General, with the approval of the Secretary of War, transact the business of such division, to
Van Nostrand. New York, New York. 1866.
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