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swear or affirm falsely to any affidavit to be used in any case pending before any provost-marshal or board of enrollment, shall on conviction be fined not exceeding five hundred dollars, and imprisoned not less than six montbs nor more than twelve months. The drafted men shall have process to bring in witnesses, but without mileage.
SEC. 16. That copies of any record of a provost-marshal or board of enrollment, or of any part thereof, certified by the provost-marshal or a majority of said board of enrollment, 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. 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 denomination, 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 freed men, 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. That no person of foreign birth shall, on account of alienage, be exempted from enrollment 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. 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 enrollment 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. That if any person drafted and liable to render military service shall procure a decision of the board of enrollment in his favor upon a claim to exemption by any fraud or false representation practised 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 time 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 express 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. That any person who shall procure, or attempt to procure, a false report from the surgeon of the board of enrollment concerning the physical condition of any drafted person, or a decision in favor of such person by the board of enrollment 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. 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 certiticates of disability, and any officer, clerk, or deputy connected with the board of enrollment who shall receive compensation from any drafted man for any services, orobtaining 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 offense, 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. That no member of the board of enrollment, and no surgeon detailed or employed to assist the board of enrollment, and no clerk, assistant, or employee of any provost-marshal or board of enrollment, 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 enrollment, 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, he 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 conpetent to try the offense.
SEC. 24. 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 loval 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 hun
dred 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 l'nited 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. That the tifteenth 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 enrollment 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 courtmartial, 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. That the words “precinct” and “election district,” as used in this act, shall not be construed to require any subdivision for purposes of enrollment and draft less than the wards into which any city or village may be divided, or than the towns or townships into which any county may be divided.
SEC. 27. 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.
Resolution of February 24, 1864 (13 Stats., 402). A RESOLUTION relative to the transfer of persons in the military service to the
naval service. First. That the provost-marshal-general be, and is hereby, directed to enlist such persons as may desire to enter into the naval service of the United States, under such directions as may be given by the Secretary of War and the Secretary of the Navy, which enlistments shall be credited to the appropriate district: Provided, nevertheless, That inas
1 Repealed by Act of June 3, 1864 (13–119).
much as persons enlisted in the naval service receive prize money, persons so enlisting shall not be entitled to receive any bounty upon their enlistment. Second. That the President of the United States may, whenever in his judgment the public service requires, authorize and direct the transfer of persons who have been employed in sea service, and are now enlisted in regiments for land service, from such regiments to the naval service, upon such terms and according to such rules and regulations as he may prescribe: Provided, nevertheless, That the number of transfers from any company or regiment shall not be so great as to reduce such company or regiment below the minimum strength required by the regulations of the military service: And provided further, That such sum as may have been paid to persons so transferred, as bounty for entering into the military service, shall be transferred from the recruiting fund of the naval service to the credit of the proper appropriation for the land service.
AN ACT to amend an act for enrolling and calling out the national forces so as to
increase the rank, pay, and emoluments of the provost-marshal-general. That the rank, pay, and emoluments of the provost-marshal-general, authorized by section tive of said act, shall be those of a brigadiergeneral.
Act of July 4, 1864 (13 Stats., 379).
AN ACT further to regulate and provide for the enrolling and calling out the national
forces, and for other purposes.
SEC. 2. That in case the quota, or any part thereof, of any town, township, ward of a city, precinct, or election district, or of any county not so subdivided, shall not be filled within the space of fifty days after such call, then the President shall immediately order a draft for one year to fill such quota, or any part thereof which may be unfilled; and in case of any such draft, no payment of money shall be accepted or received by the Government as commutation to release any enrolled or drafted man from personal obligation to perform military service.
SEC. 3. That it shall be lawful for the executive of any of the States to send recruiting agents into any of the States declared to be in rebellion, except the States of Arkansas, Tennessee, and Louisiana, to recruit volunteers under any call under the provisions of this act, who shall be credited to the State, and to the respective subdivisions thereof, which may procure the enlistment.
SEC. 6. That section three of an act entitled “ An act to amend an act entitled an act for enrolling and calling out the national forces, and for other purposes," approved February twenty-four, eighteen hundred and sixty-four, be, and the same is hereby, amended, so as to authorize and direct district provost marshals, under the direction of the provost-marshal-general, to make a draft for one hundred per centum in addition to the number required to fill the quota of any district as provided by said section.
Sec. 7. That instead of traveling pay, all drafted persons reporting at the place of rendezvous shall be allowed transportation from their places of residence; and persons discharged at the place of rendezvous shall be allowed transportation to their places of residence.
Sec. 8. That all persons in the naval service of the United States, who have entered said service during the present rebellion, who have not been credited to the quota of any town, district, ward, or State, by reason of their being in said service and not enrolled prior to February twenty-fourth, eighteen hundred and sixty-four, shall be enrolled and credited to the quotas of the town, ward, district, or State, in which they respectively reside, upon satisfactory proof of their residence made to the Secretary of War.
Sec. 9. That if any person duly drafted shall be absent from home in prosecution of his usual business, the provost marshal of the district shall cause him to be duly notified as soon as may be, and he shall not be deemed a deserter, nor liable as such, until notice has been given to him, and reasonable time allowed for him to return and report to the provost marshal of his district; but such absence shall not otherwise affect his liability under this act.
SEC. 10. That nothing contained in this act shall be construed to alter or in any way affect the provisions of the seventeenth section of an act approved February twenty-fourth, eighteen hundred and sixtyfour, entitled “ 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.
SEC. 11. That nothing contained in this act shall be construed to alter or change the provisions of existing laws relative to permitting persons liable to military service to furnish substitutes.
Act of March 3, 1865 (13 Stats., 487). AN ACT to amend the several acts heretofore passed to provide for the enrolling
and calling out the national forces, and for other purposes.
SEC. 13. 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.
SEC. 14. That hereafter all persons mustered into the military or naval service, whether as volunteers, substitutes, representatives, or otherwise, shall be credited to the State and to the ward, township, precinct, or other enrollment subdistrict 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, boards 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