The National Force Act

Ad act for enrolling and calling out the national íorces, and ior other purposes : Whereas, There now exista ín the United Stiltes an insurreetion and rebellín against the authori'y thoreof, and it is, under the constiüUlon of the United St.tes, the duty of the governmeut to suppreas insurrection and rebtíllion, to guarantee to eaeli Otate a republican forin oí government, and to preserve the public tranquility; and wkercas, for these high pui-poses a mil itary iorce is indispensable, to raise and support which all persons onght willingly to contribute; and wheteas, no service can be more praiseworthy and honorable than that which is rendered for the inaintenance oi the constitution and Union, and the consequent preservation of free government ; thereíore, Be it enacled by the Senafe and House of Rtpresentativet (f the United States of America in G'ngress assembed, That all able-bodied male citi.ens of the Umted States, and persons of foreign birth who hall have declared on oath their intention to become cilizens under and in pureuance of the laws there of, between the ages ot twenty anc foitv-five vears, except as liereinaftei excepted, are herely ilechircl to con stitute the natiuna! forcea, and shall be liablo to perfnrin military duty in the service of the United States when Ralled out by the President for tfa'a purpose. Sec. 2. The following persons be and they are hereby exce[)ted and ex empt irorn the provisions ot tliis act and shall nol be hable to militar} duty under the name, to wit: Such as are rejeoíed as physically or tiientally mint lor the eerviue; also, first, the Viee President oí the United States, the Judtres f the various cónrts pt the United State, the heads of the varinua COnrtS oí' the United States, the heads of the various departments of' the gvernment, and the Governots ot ihd sev eral State-, fieeond, the nly son liable to military duty ni a widow dependent uptin hialabor for support. Third, he mly son cf ,ireH or infirm pnrent or parenta, dependent upon hi labor íor support. Fonrth, where tlieie are two or more snns of aged or infiírn parents subject t. draft, tlie father, or íf he be dead, the mother, mav elect which son shall be exempt Fifth, th only brother of cflildren not twelve years oíd, having neither father no mother, depondent upon his labor fn support. Sixth, the fnther of [nntbei lesw children under twelve years of agt, deperdent upon bis labor for support. Seventh, where there are a father and sons in ihe same htmsehold, ino tw.d of them are in the military service of tha United States aa non-cnmrnissinel offieers, muKicians, or private, the rèei dne of such family and honm hold, not exceeding two, shall be exempt. And no persons btit pnch as are heifin ex cepted shall be exempt ; Provided, however, Thnt no person vvho ha- been con victed of any feloñy hall he enrolled or permitted to serve in said forcee. Skc. 3. The mitiona) foraa o the United Stiltes not nmv in the military service, enriilled under thin act, shidl be divided into two classes, the first oí whioh shall coniprise all persons subject to do military duf y betweeri the aires of twenty and ihirty-five years and all unrnarried persons subjert to do militarv dnty above the age of lortyfive; the second class shall compriso all other persons subject to do military cluty; and thev shall not. in any dwtriot, be cnlled into the service of tho United States gntil thoso of the first class sliall have been cnlled. Sec. 4 For grenter convenience in enrolling, calling out, and organi'ins the national forces, and for the arrest oí deserter and siies of the eneray, the United States shall ba divided info districts, of which tho District of Oolurnbia shall constitute one, each 'J'erritorv of theUoitediStates sball constitute ono r more, as the President nhull direct, nd each Oongrensional district of the espective States, as fixed by i lavv of leSlate next preceding the enrlhnent, iiall constilute one; Provided, That in Stiltes whiub have not by their laws icon divided into two or more Con ;resional district, the President of Ge United States tfhall divide the same nto so inariy enrollinent distriets as he nay deern fit and convenient. Skc. 5 Fur ea-.h of' said districts hero shall be ippointed by the Presiejit a Provost Marshal, Wlttl the rank, ay, and emolumenta of a Captain of ;av..Irv or ui officer of' waid rank shal! ie det'ailed by the President, who shall te under tho dtreotion and subject tri he orders of a Provo?! Marshal Genmi, uppointed or dotailed by tha Preslent of the United Sttiles, whose office hall bo at ll;o Mñt of government, omring a repura'e bureau ot' the War Department, who.se rank, pav, and nlolutnefftsahall be those oí a Ci'lonel of uavülry. Sec. CltRhall be the dnty ot Ihe Provost Marshal Genural, with the approval of the Se.Te'ary of War, lo make rules ánd regútátions for the Lovernment of his Mibonlinates ; to furnish tlietn with the names and rosidences of all deserters frorn the arniy, or anv of the land forcea in the servicu of thö the United Stales, including the militia, when reported to him by the conunandinfj otKcers; to commnnicate to them all orders of the President in reference to calling out the national forcea; to fufnish proper blanks and insti uctions for enrolling and drafting; to file and prewerve copies of all enrollment lints ; to require slated reports of all proceedings on the part oi his subordínales; to andit all accounts conneoted with the serv ce under his direction and to perforas &uch other duties as the President inay prescribe in carrying out the provisions of tbi act. Seo. 7. Il ehall be the duty of the Provost Marshals to arrest all deser ( ers, whether regular.-, voluntters, ] iamen, or persons called into the sernee under this or any other act of ' Congress, wherever they may be found, j and to send them to the neurest mili j tary communder or military post; to detect, seize and confine spies of the , enerny uho shall, without unreasonable delav, bu delivcred to the oustody of j the Genera! commanding the ( Tient in which they may be arrested, ( to be tried as soon as the exigeneies of , the service pennit ; to obey all lawful orders and regulations of the Provost j Marshal General, and suoh as may be prescribed by law, concerning the enrdlhnent and calling into service oí the national farces. Sec. 8. In each of said districts there hall be a Board óf Enrollment, to be oompoaed of the Provost Marshal, as President, and two othor persons, to be uppointed by the President of the United States, one of whoin shall be a licenued and pracliuing phjsician and nurfLem. Sec. 9. Tt shall be the duty of th? said bo ird to divide the district intu sub-distriuts of convenient size, if they shall deetn it neeessary, not exoeedin two, without the direction of the Seoretniy of War and to nppoint, on or beiora the tenth day of Maruh next, and in each altérnate year thereafttir, and to furnish hini with proper blanke and instructions; and he sball i'in.iedialclv proceed to enroll all persons subject to military duty, noting their respective places of re.-idence, ages on the tiïst day of July following, and their ocüupatioa, and ahall, on or belore the first daj of Arü report the same to th_j Board of Enrollment, tn be cmi.-olidated uno one list, a eopy of which shtill lie tranmitted t the Pi o vost Marh:.l General on or before the first day of May sncceeding he en rollment. Pmtirhd, nevei theleit, !hat il', from any cause, the dutias p-esenbad by tliis section cannot be pertorroed witliin the time specified, then tlie same shall be peifonned as thereaiter as practicable. Sec. 10 The enrollment of each claws shall be made separately. and thev shall otiiy embrace thog whose ages shall be on the first day of Jtlly theieafter betweeo twenty and forty five ears. Sec. 11. All persons thus enrollen shitll bo subject, for twoyeurs aiter iho first dity of July suceeeding tho en rollmen!, ti) be ualled into the military Service for thrée years, or durihg the war; and when edled into service abatí be placed on the same footing, in all respecto as volunteers during the present rebellion ; no:, however, i xceeding the term c f t!) ëe years, inolu ding advance pay and bounty as now provided ly law. Skc 12 Whenever it niay bo necesearv to cali out the nationul foroes for military service, the President is hereby authorizod t asign to each district t.he nuinber (f men to be furnished by said district; and therenpon tho Enrolling Board shall, nmler the direotion ot the Prusi(ient, make a draft oí th' requirei nutnber, and fifty pr uentutn in addition, and ehali make an exaot and complete roll of the names of the persons so draun, and of tho order in wliich they veere drawn, so that the ñrst drawn may stand tirst upon the roll, ani.i the seo.ond may stand second, and Rn on. And the persons so drawn shall be notified of tho same uilh.n ten clays thereafter, by a Witten orpiinti-d notiuf, lo bu BL'rved pcr.-onally or by loavii:g a copy at the last place of residence,rt:quiring them toappear at s des ïgnated rendèzvous to report lorduty. In assigning to the-district tho nninber of men to be furnished therefrom, the President stiull tako into consideratii.n the uuinber of vuluuteeca and rnililia fiinii.-ihed by and from the sevtrul States in vvhieh said districts ra situated, nnd tho period of their service sinee tlio eommencement of the present rebülllou, and shall bo inake said assignment as to equalize the nurhbérs among the dii-tiicts of t'no several Staten, consideriug nnd allowing for the numbers already tnrnished as aforesaid and the time of their errice. Sec. ]3. Any person drafted and not ifii'cl to app'eaf asaforesaid, rnay, on or befo re tho day fixed for bis appearonce, furnish an acceptable substitnte tq tafee hip place in the draft ; or he inay pay to SLich fierson as '.he Secretary of Wur may anthorize to receive t sueh su.ti, not exeiieding three hnndred dollars, as the SecrötaiT of War may determine, for the proenration of snoh substitule, which sum shall he fixed at a Iniform rateby a genera' order made at the timo of ordering a draft for any State or Territory ; and therenpon KUMh per.-on so iurnishing the eubstitute, or pnving the money, shail be discharged from furiher liability under that draft And any person failing to report alter due service of notice, as hereii presuribed, without furnishing a siibstitnte, or paying the required sutn ther-lor, shall be (iseiiied a deserter, and shall be arrested by the Provost Marshal and eentto tho nearest military post for trial by eour.t martial, unless, upOD proper shovving that he is not liable to niiii'.ary duty, the Board of Enrollmeiit shall relieve hirn from the draft. Sec. 14. AU drafted persons shall, on arriving at the rendezvous, be care tully inspected by tho surgeon of the board, who shall ruly report to the board tho physical condition of each ono; and t.ll persons drafted and claiming exemption from military duty on account of disability, or any other cause, hall present their claims to be exempted to the buard, wboe decisión shall lie final. Sec. 15. Any surgenn charged with c the duty of such inspection, who shall ' receive from any fierson whomsoever any money or other valnable thing, or agree, directly or indirectly, to receive ' the same to his own or another's use Í for making an imperfect inspectiou or a . false or incorrect report, or who shall willfully ceglect to rnako a faithful ( spection and tnie reports shall bo tnöd 1)v a eourt-martial, and, on conviction ' thereof, bo punished by fina not ' ceeding five hundred dollars, nor less than two hundred, and bo imprisoned at the discre'.ion of the conrt, and be cashkrc-d and dismissed irom tho service. Sfx. 16. As soon as tho reqnired nutnber of able bodied men liable to do military dnty shall be obtained from hose draftod, the rernainder shall be dibchargüd. And all draited persons rporting at the place of rendezvous shall be allowed traveling pay from their places of ïesidence; and all persons dischargfed at the place of renlezvous shall be allowed traveling pay o their places ot residonce ; and all eïpenses connected with the enrollment and draft, inclnding wubsiwt.ence wbile t the rendezvous, nhall be pnid from the appropriation for enrolling and Irafting, under such pegulationw as the President of the United States slüill prescribe; and all expenses connected with the arrest and return of deserters totheii regimenté, or such other duties as thu Provost Marshals shall be called upon to porform, shall be paid from the approprialion for arresling descrtfrs, under such regulations as the President of the United States hall preS'-tibe : ProviJed, The Provost Marshals Bhall in no caso receive oomtnutation tor transportation or for fuel and qnarters, but onlv for forage, vvhen. not furui-hed by the governrnent, toSrether with actual espensefc of posrage. st;it;onery and clerk hire authorizad by the Provost Marshal General. -Sec. 17. Any person enrolled and draf'lfd aecording to the provisions of ihis act vho hall furnish an acceptabe substitnie, shall thvreupon receive from tl e Board of Enrollment a eer tiff'WJte of discharge from such '1 ruft, which shtll esempt him from military dutv during the time for which he was drafled; and such substitn'e -hall lio entitled to tho sume pay and allovvimces providt-d by luw asif hehad bijen origina'ly drafted into the service of the üni'ted States. Skc. 18. Such of tbe volunteers and militia now in the service of the United States as mny re-enlist to serve one vear, unless sooner dlwcharged, Uter the expiration of their present term of service, shall be entitled to a bounty of fiilv dollars, one half of whieh to be paid upon siich re enhstment, and the balance at the expiration of the term of enliatment. And snch as may raenlist to serve two y aars, unléss sooner ditïcharged, after the expiration of their present term of enlitmeDt'8hatl receive, npon such re-enlistment, tvventy -five dollars "f the one hundred dollars bonnty for re-enlistment provided by the fifth section of the act upproved twentyseccnd July. eiijhteen hundred and sixty-one, entitled " An act to iiuthorize the employment of V'iluntetrs to aid in enforcing the laws and protectino public pioperty." Skc. 19. Whenevcr a regiment of volnnteers of the same urm, from the samo State, is redneed to one-half of the maximum number prescribed by law, the Presulont may direct the confolidation of' the compañías of such i regiment: Prrrilui, That no company so fornied shall exceed the maximum miinbor prescf'bed by law When I Bich consolidation ia made, the reimental officera ühall be rudnced in proi portion to the rcduction iu the cuiuber j of compaoies. Sec. 20. Whenever a regiment is redueed bolow tlie minimum number allowed by hivv, no officers shall be appointed in wuoh regiment beyond tliose neces.snry for the cominahii of such reduced ninnbern. Sec. 21. So mucli of the fifth section of the aqt approved seveteenth July, eighteeo hundred and sixty-tvvo, eutilled " An act to amend au act calling forth the rniliaia to exccute the laws of the Union," and so forth, as requires the approval of the President to carry into exeoution the sentence of a court martial, be, and the same is hereby repealed, as far as relates to carryiug iuto exeoution the sentence of any court-martial agaiust any person convieted is a spy or deserter, or of niutiny or inurder; and hereaf'ter seutences in punishineut of these oifenses may be carried iuto execution upon the approval of the eoiumandiug General in the field. Sec. 22. Courts-tnartitl shall have power to sentence officors who shall absent thernsefves from their oommands without leave, to bo reducedto the ranks to serve three yearsor during the war. Sec. 23. The clothes, arnis, military outfits aud aeeoutremeuts furnished by the Uuitod States to any soldier, shall üot be sold, bartered, exchanged, loancd, pledged, or given away ; and no person not a soldier, (ir duly authorized oiEocr of the United States, who has possession of any such clothes, arms, rnil'tary outfits, or accoutrements, furnished as afore said, which have been the subjects of any such sale, barter exchange, pledge, loan, or gift, shall have any rigbt, title, or interest therein, but the same may bo seized and taken wherever found by any officer of the United States civil or mil tary, and sh;ill thereupon be delivered to anv Quartermaster, or other officer au ttiorizod to receive the same; and the possession of any such clothes, arms, mil tary outfits, or aceoutroments, by any persou not a soldier or officer of thu United States, shall be prima facía dencc of such a sale, bnrter, exchange, pledge, loun, or gift, as uforesaid. Sec. 24. Evory person not subject to the rules and articles of war, who shall procure or entice, or atteuipt to procure or entice, a soldier in the service of the United States to desert ; or who shall harbor, conceal, or give employnient to a desertor, or carry him away, knowing him to be such ; or who shall purchase froin any soldier liis arnis, equipinents, annnunition, uniform, clotl.ing, or any part thereof ; and any captain or eommanding officer of any ship or vessel, or any su perintendent or conduotor of auy railroad, or any other public eonveyance, carryityz away any such soldier as ono of ais cïSm or otheiwise, knowing him to bave deserted. or shall refuse to doliver bini up to the orders of his coramanditig officers shall, upon legal conviction, be fined, at the discretion of any court ha#irig cognizance of the sanie, in any sum not exceeding five hundred dollars, and he shall be imprisoned uot exceeding two years nor lrso thau six inouths Sec. 25. If any pernon shall resist any draft of men enro.led under tliis act into the service of the United States, or shall counsel or aid any person to resist any such diaft ; or shall ussault or obstruct any-officer in niaking such draft, or in the performance of any service in relation thereto ; or shall counsel any person to assault or o'istruct any such officer, or shall counsel any drafted men not. to appenr at the place of rendezvous, or willfullv dfssnade them ('rom the performance of military duty as required b) law. sueh person shall be subject to sum mary arrest by the Provost Marshal, and shall be forthwith delivered to the civil authorities, and, upon conviction thereof, be punished by a fine not exceeding five hunoied dollars, or bj imprisonment not exceeditig two years, r by both oL said punishmeuts. Skc. 26 Itnmedintply after the page of tina aet, the President shall issue his proclatnation deolaring that all soldiers now absent from their rogiments without leavo may return within a time specified to sueh place or places as lio 111 a v indícate in his proela.ration, and bc restored to their respective regiments without punisliinent. except the forfeiture of their pay and allowances during their absence; and all deserters wlio shall not return wiiliin the time so specified by tho President shtill, upon being arrested, be punished as the law provides. Suc. '11 Di'positions of witnesses residing beyond the liiuits of the State, Territory, or district in which military courts shall be ordered to sit, may be taken in cases not capital by either party, and read in evidence; Provided the same shall be taken upon reasonable notice to the opposite party, and duly authenticated. Sec. 28 The Judge Advocate shall have power to appuint a reporter, whose duty it shall bo to record the proceedings of and teslimony taken before military courts instead of the Judge Advocate ; and sueh reporter may take down such proceedings and testimony in the first instunce in shorthand. The reporter shall be sworn or affirmed faithfully to perform lus dutv before entering upon it. Sec. 29. The court hall for reason ïble cuuse, ffrant i cojitiauwrroe to ei her party for such timo and as nfttsn as hIimII nppear to be just: Provided, Tbüt it the pritoner be in close confine men; the trial uliall not be debiyetl for a period loBger than sixty daya. Sec. 30. In times of war, insurreotion or rebelli"ü, murder, iissmilt and b;itterv with an intent to kill, manshmo;hter, mayhem, wobnding by shrïoÉjng or Btabbiiig with an intent to oommit der, robbery, aesuo, buiírlary, rape, assanlt and battery wit h an intent to comrnit rape, tnd larcony, whall j ihhable by the sentence of i general court martial or military ottmir.iwion, [ when coitimitted by persons who are in thè taüitary service of tbc üi.'ittd Stutts and subjeoted to tho artjelea ot war; and the punishments for such nffences shall never bo less Üian tliose inflicted by ihe laws of the State, Territory, or district n which they may havo beea committed. Sisa 31. Any offieer absent from duty with leave, exeept for sicknewi or wounds, shnli, during h is bueneo, receive h:tlf of the p;iy atid fillowanccB prescribid by luw or a oourt martini, forleil all pay or allowancea pretcribed by law, and no more; and any officer absent without leave shall, in jiddition to tl: o peiniltios prescribid by hvw or a oourt martial, for feit all pay or allowances dmin; such absence. Sec. 32. Tho crunmaodeiï of regirai)t and of battöries in thu field aru hereby authoiized and empovvered to graat furloughs for a perioj not esceeding thirty days at any ono timo to tive per cenlum of the non-connnissioned officers and privates for good conduet in the line of du'y, &c, and subjec'ed to the approval of th& commander of the forces of which such noncoiiuni.-sioned officera and privates form a part. Sec. SU. The Prefiident of the United States is heroby aulhonzed and empowered, duriog the present rebellion, to eall lorth the nu'ioual foroas, by draft in the menner provided for by this act. Sec. 34. All persons drafted under tho provisions of ihis act shall bo assignud ly the President to military duty in such corps, regrnents, or other branches of the services as tho exigencies of' the services mav reqoire. Sec. 35. Hureafter d et mis to special service iïbsl] only be made wiili the consent of_. the eommaridirig officer of solliera in the field ; and efilisted Hien, iow or heraafter detniled to npecial service. sball not rcueivo any ex! ra pay or suoh services bevond that allowcd ,o othor enüsled men. Sec, 30 General orders of the War Departinetit, nurnbored one hundred nid íil'ty-íour uid one hundred and iixty-tWQ, in reference to enüstrrents Vom the vol un toerei into the regular eivice, be, and the same are hereby oscinded ; and hereafier no such enisiments uhall be allowed. Sec. 87, Tho grades created in the cavalry foroes of the Uuited States by section eleven of.the aet approved sevonteenth July, eightfen hundred and sixiy.two, and for vihich no rate of (ompensation has been provided, shall be paid as follows, to wit: Jif-ffirnental Commissary the same as Regitnental Quartennaster; Uhief Trumpeter the same as chitjf .LSuglur ; tho Sadd'er Sergeant the same as Regiment al Comitnssary Sergeant ; Oompany Corrmiasnry Sergeant the sarner un tVinViiaii-v Quartermaster's Sergeant ; Ptocided, thiit the gn.de of en peni utilera ry Second Lieutenaot, and two'tu nisterg for tor each conipanv, iind one chief farrïór and blaeksmith for eaeh regiment aa allowed by Buid téolion of that net. be, and Ihey are ht-rohy nbolisiied; and each cavalrv company mav have two tmmpeters, to be poid as buglers ; and eaeli regiment shall have otie vetennary -urgeon, v ith the rank of a Regimental Screcaiit Nínjor, whnse compensador) shall be heventy five dollars per month. Sec. 38. All persons who in timo oí u-ar or rebel lion agninst the pnpretiio authority of the United States shall be fnund Inrkinyf or actinqr a spies in or abo ut any of the fortifications, posts, quurters, or encampnients of any of the annies of the United States, or elewh-er, shall be tria blo bv a general courtinarlia' or military " wimmisnirtn, and shall ujion oonvicjion, sufier deatb.