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

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[82] such, or who should defraud or deprive any volunteer or substitute of any portion of the State, local, or United States bounty, should be fined not exceeding one thousand dollars, or imprisoned not exceeding two years, or both, at the discretion of a court-martial or military commission.

That any officer who should muster into the military or naval service of the United States, any deserter from the service, or insane person, or person in a condition of intoxication, knowing him to be such, should be dishonorably dismissed the service.

That all State and local bounties should be paid in instalments, one third at the time of muster into service, one third at the expiration of half the term of service, and one third at the expiration of the term of service.

That the remainder of the term of service of any person who should thereafter enter the military or naval service as a volunteer or drafted man, and should desert therefrom, should be added to the amount of service due from the district to which such volunteer or drafted man should have been credited.

That, in addition to the other lawful penalties of the crime of desertion, all persons who had deserted the military or naval service, who should not return to the service within sixty days, should be deemed to have voluntarily relinquished and forfeited their rights of citizenship and their rights to become citizens; and such deserters should be for ever incapable of holding any office of trust or profit under the United States, or of exercising any of the rights of citizens; and all persons who should hereafter desert the military or naval service should be liable to these penalties.

That the President be authorized and required to issue his proclamation setting forth these provisions.

On the sixth of February, the Senate, on motion of Mr. Wilson, proceeded to consider the bill, the pending question being on the substitute reported by the Committee on Military Affairs. On motion of Mr. Hendricks, of Indiana, the fifth section, relative to State and local bounties, was stricken out. Mr. Willey, of West-Virginia, moved to add a section, discharging any soldier belonging to any regiment or organization mustered out of the service, who enlisted under a promise given by the recruiting officer or by the governor or adjutant-general of the State; that the enlistment should only be for the unexpired term of the regiment or other organization. The amendment was supported by Mr. Willey, Mr. Hendricks, and Mr. Grimes, and opposed by Mr. Wilson, Mr. Brown, and Mr. Conness, and rejected.

Mr. Buckalew, of Pennsylvania, moved to repeal the act allowing the executives of States to send recruiting agents into the States declared in rebellion. The motion was supported by Mr. Saulsbury, Mr. Buckalew, Mr. Grimes, Mr. Sherman, Mr. Davis, Mr. Ten Eyck, and Mr. Powell, and opposed by Mr. Wilson, and Mr. Sumner; and agreed to — yeas, twenty-eight; nays, twelve. On motion of Mr. Conness, the bill was amended, so that any recruiting agent, substitute broker, or other person liable to punishment for enlisting an insane or drunken person, should do so “for pay or profit.” Mr. Cowan, on the seventh, moved to amend the bill by striking out the words, “court-martial or military commission,” and inserting, “courts of the United States, having competent jurisdiction,” so that recruiting agents and substitute brokers should be tried by the civil rather than the military tribunals. The amendment was agreed to — yeas, twenty-nine; nays, fourteen. Mr. Lane, of Kansas, moved to repeal all laws allowing substitutes for drafted persons; lost — yeas seven ; nays, thirty-one. Mr. Hendricks moved to exempt the heads of executive departments, judges, and members of Congress-yeas, nine; nays, twenty-seven. Mr. Davis moved that before another draft there should be a new enrolment; but the motion was lost — yeas, eleven; nays, twenty-three. The bill was then passed without a division.

In the House, on the sixteenth of January, Mr. Schenck, from the Committee on Military Affairs, reported a bill to amend the several acts relating to enrolment and draft, which was read twice, and recommitted to the Committee. On the seventeenth of February, the bill which had been reported on the nineteenth of January, was ordered to be printed with the amendments prepared to be reported. On the twenty-first, the House proceeded to consider the bill. It consisted of fourteen sections, and provided: That it should be the duty of every person liable to be enrolled to report himself in person or by letter to the enrolling board of his district.

That all persons mustered into the military or naval service should be credited to the State, and to the ward, township, precinct, or other enrolment sub-district where such persons belonged by actual residence.

That, in computing quotas, credit should be given to the several districts and sub-districts for all men furnished from them during the rebellion, for any period of service of not less than three months, calculating the number of days for which such service was furnished, and reducing the same to years.

That no person of foreign birth who had resided in the United States for three years preceding his arriving at the age of twenty-one years, and whose father was subject to enrolment, should be exempted from enrolment on account of being an alien.

That in every case of actual desertion by a substitute, if such person so deserting should have been, since the passage of this act, mustered into the service as a substitute for a person liable to draft, the name of such person so liable to draft should be again placed upon the list, and he should be liable to be drafted for the unexpired term of service of such substitute so deserting.

That provost-marshals should be allowed the same commutation for fuel and quarters as was allowed to other officers, ranking as captains of cavalry; but the provost-marshal surgeon and