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1865 April 1: Congress Passes Act to Provide for the Enrollment and Calling Out of the National Forces

April 3, 2015

From the April 1, 1865, issue of The Polk County Press.  This was also published in the April 8, 1865, issue.

{OFFICIAL.}

DRAFT ASSOCIATIONS.

WAR DEPARTMENT, }
Pro. Mar. Gen’s Office, }
WASHINGTON, March 8, 1865.}

CIRCULAR No. 5.

The following Act of Congress is published for the information and guidance of all concerned:

AN ACT to amend the several Acts heretofore passed to provide for the enrollment and calling out of the national forces, and for other purposes.

*                                      *                                 *                             *                           *                                *

Sect. 13.  And be it further enacted, That where any revised enrollment in any Congressional or draft district has been obtained or made prior to any actual drawing of names from the enrollment lists, the quota of such district may be adjusted and apportioned to such revised enrollment instead of being applied to or based upon the enrollment as it may have stood before the revision.

Sect. 14.  And be it further enacted, That hereafter all persons mustered into the military or naval service, whether as volunteers, representatives or otherwise, shall be credited to the State, and to the ward, township, precinct or other enrollment sub-district, where such persons belong by actual residence (if such persons have an actual residence within the United States) and where such persons were or shall be enrolled (if liable to enrollment) and it is hereby made the duty of the Provost Marshal General to make such rules and give such instructions to the several Provost Marshals, Board of Enrollment and Mustering Officers, as shall be necessary for the faithful enforcement of the provisions of this section, to the end that fair and just credit shall be given to every section of the country :  Provided, That in any call for troops hereafter no county, town, township, ward, precinct, or election district, will have credit except for men actually furnished on said call, or the proceeding call, by said county, town, township, ward, precinct, or election district and mustered into the military or naval service on the quota thereof.

 Sec. 15.  And be it further enacted, That in computing quotas hereafter, credit shall be given to several States, districts ans sub-districts for all men furnished from them respectively, and not heretofore credited, during the present rebellion, for any period not less than three months, calculating the number of days for which such service was furnished, and reducing the same to years :—Provided, That such credits shall not be applied to the call for additional troops made by the President on the twenty-first day of December, eighteen-hundred and sixty-four.

Sec. 16.  And be it further enacted, That persons who have been or may hereafter be drafted, under the provisions of the several acts to which this is an amendment, for term of one year, and who have actually furnished, or may actually furnish, acceptable substitutes (not liable to draft) for the term of three years, shall be exempt from the military duty during the time for which such substitutes shall not be liable to draft, not exceeding the time for which such substitutes shall have been mustered into the service, anything in the act of February twenty-fourth, eighteen hundred and sixty-four, to the contrary not withstanding.

Sec. 17.  And be it further enacted, That any recruiting agent, substitute broker, or other person who for pay or profit shall enlist or cause to be enlisted as a volunteer or substitute, any insane person or convict, or person under indictment for a felony, or who is held to bail to answer for a felony, or person in a condition of intoxication, or a deserter fro the military or naval service, or any minor between the age of sixteen years, knowing him in either case before mentioned, to be such, or who shall defraud or illegally deprive any volunteer or substitute of any portion of the State, local or United States bounty, to which he may be entitled, shall upon conviction in any court of competent jurisdiction, be fined not exceeding one thousand dollars nor less than two hundred dollars, or imprisoned not exceeding two year, and not less than three months, or both, in the discretion of the court aforesaid.

Sec. 18.  And be it further enacted, That any officer who shall muster into the military or naval service of the United States any deserter from said service or insane person, or person in a condition of intoxication, or any minor between the ages of sixteen and eighteen years, without the consent of his parents or guardian, or any minor under the age of sixteen years, knowing to be such shall, upon conviction by any court martial, be dishonorably dissmissed [sic] from the service of the United States.

Sec. 19.  And be it further enacted, That in every case where a substitute is furnished to take the place of an enrolled or drafted man, and it is shown by evidence that shall be satisfactory to the Secretary of War that such substitute was a the time of his enlistment known by the party furnishing him to be “non compos mentis,”¹ or in a condition of intoxication, or under conviction or indictment for any offense of the grade of felony at the common law, or to have been guilty of a previous act of desertion unsatisfied by pardon or punishment unsatisfied by pardon or punishment, or by reason of any existing infirmity or ailment, physically incapable of performing the ordinary duties of a soldier in actual service in the ranks, or minor between the ages of sixteen and eighteen years, without the consent of his parent or guardian, or a minor under the age of sixteen years, it shall be the duty of the Provost Marshal General, on advice of the fact, to report the same to the Provost Marshal of the proper district ; and if such person so enlisted and incapable shall have been, since the passage of this act, mustered into the service as a substitute for a person liable to draft, and not actually drafted, the name of the person so liable who furnished such substitute shall be again placed on the list, and he shall be subject to draft thereafter, as though no such substitute had been furnished by him ;  and if such substitute so enlisted, and incapable as aforesaid, shall have been, since the passage of this act, mustered into the service as a substitute for a person actually drafted, then it shall be the duty of the Provost Marshal General to direct the Provost Marshal of the district immediately to notify the person who furnished such substitute that he is held to service in the place of such a substitute, and he shall stand in the same relation and be subject to the same liability as before the furnishing of such substitute.

Sec. 20.  And be it further enacted, That in case any substitute shall desert from the army, and it shall appear by evidence satisfactory to the Secretary of War, that the party furnishing such substitute, shall have, in any way, directly or indirectly, aided or abetted such desertion, or to have been privy to any intention on the part of such substitute to desert, then such person shall be immediately placed in the army, and shall serve for the period for which he was liable to draft, such service to commence at the date of the desertion of the substitute.

Sec. 21.  And be it further enacted, That, in addition to the other lawful penalties of the crime of desertion from the military or naval service, all persons who have deserted from the military or naval service of the United States, who shall not return to said service, or report themselves to a Provost Marshal within sixty days after the proclamation hereinafter mentioned, shall be deemed and taken to have voluntarily relinquished and forfeited their rights of citizenship and their rights to become citizens ;  and such deserters shall be forever incapable of holding any office of trust or profit under the United States, or of exercising any rights of citizens thereof ; and all persons who shall hereafter desert the military or naval service, and all persons who, being duly enrolled, shall depart from the jurisdiction of the district in which he is enrolled, or go beyond the limits of the United States, with intent to avoid any draft into the military or naval service, duly ordered, shall be liable to the penalties of this section. And the President is hereby authorized and required forthwith, on the passage of this act, to issue his proclamation setting forth the provisions of this section, in which proclamation the President is requested to notify all deserters returning within sixty days as aforesaid, that they shall be pardoned on condition of returning to their regiments and companies, or to such other organizations as they may be assigned to, until they shall have served for a period of time equal to their original term of enlistment.

Sec. 22.  And be it further enacted, That the third section of the act, entitled “An act (further) to regulate and provide for the enrolling and calling out the national forces, and for other purposes,” approved July fourth, eighteen hundred and sixty four, be, and the same is hereby repealed.

Sec. 23.  And be it further enacted, That any person or persons enrolled in any sub-district may, after notice of a draft, and before the same shall have taken place, cause to be mustered into the United States service, such number of recruits, not subject to draft, as they may deem expedient, which recruits shall stand to the credit of the persons thus causing them to be mustered in, and shall be taken as substitutes for such persons, or so many of them as may, be drafted, to the extent of the number of such recruits, and in the order designated by the principals at the time such recruits are thus as aforesaid mustered in.

Sec. 24.  And be it further enacted, That section fifteen of the Act approved February twenty-fourth, entitled “An act for enrolling and calling out the national forces, and for other purposes,” be, and the same is hereby, amended by inserting after the words “any civil magistrate,” the words “or any person authorized by the law to administer oaths.”

Sec. 25.  And be it further enacted, That the Secretary of War is hereby authorized to detail one or more of the employees of the War Department for the purpose of administering the oaths required by law in the settlement of officers’ accounts for clothing, camp and garrison equipage, quartermaster’s stores, and ordinance, which oaths shall be administered without expense to the parties taking them, and shall be as binding upon the persons taking the same, and if falsely taken, shall subject them to the same penalties, as if the same were administered by a magistrate or justice of the peace.

Sec. 26.  And be it further enacted, That Acting Assistant Surgeons, Contract Surgeons, and Surgeons and Commissioners on the enrolling boards, while in the military service of the United States, shall hereafter be exempt from all liability to be drafted under the provisions of any act for enrolling and calling out the national forces.

Sec. 27.  And be it further enacted, That this act shall take effect from and after its passage :  Provided, That nothing herein contained shall operate to postpone the pending draft, or interfere with the quota assigned therefor.

“Approved March 3d, 1865.”

(Sections from one to twelve, inclusive, do not relate to this Bureau, and are omitted.)

JAMES B. FRY,
Provost Marshal General.

{OFFICIAL.}  B. F. COOPER, Capt. and Provost Marshal, 6th Dist. Wis.  [Benjamin F. Cooper]

1.  Non compos mentis is a Latin phrase usually meaning “not of sound mind” or “insane.” It can also be used when one is in a confused state, intoxicated, or not in one’s right mind.

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