Exemptions and person ex empted to be deemed a deserter, &c. party filed in support of a claim to exemption shall also be made upon oath or affirmation. SEC. 20. And be it further enacted, That if any person drafted and obtained by fraud liable to render military service shall procure a decision of the board of to be of no effect, enrolment 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 Persons in mil- time of his arrest: Provided, That the Secretary of War may order the itary service un- discharge of all persons in the military service who are under the age of der eighteen eighteen years at the time of the application for their discharge, when it may be discharged, &c. shall appear upon due proof that such persons are in the service without the consent, either expressed 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. And be it further enacted, That any person who shall procure, or attempt to procure, a false report from the surgeon of the board of enrolment concerning the physical condition of any drafted person, or a decision in favor of such person by the board of enrolment 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. 1864, ch. 237, § 5. Post, p. 380. Bounty, &c., to be refunded. Penalty for procuring a false report from sur geon of board of enrolment. Fees of attorneys, &c., for making papers in tion. to have fees. Penalties on attorneys, phy sicians, officers, clerks, &c., regarding fees, &c. SEC. 22. And be it further enacted, That the fees of agents and attorneys for making out and causing to be executed any papers in support of claim for exemp- 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 Physicians not 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 certificates of disability, and any officer, clerk, or deputy connected with the board of enrolment who shall receive compensation from any drafted man for any services, or obtaining 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 offence, be fined not exceeding five hundred dollars, to be recovered upon informa tion 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. Who not to be employed in procuring substitutes. Penalty. SEC. 23. And be it further enacted, That no member of the board of enrolment, and no surgeon detailed or employed to assist the board of enrolment, and no clerk, assistant, or employee of any provost-marshal or board of enrolment, 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 enrolment, 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, be 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 competent to try the offence. Certain colored enrolled, and måsters. Commission to determine SEC. 24. And be it further enacted, That all able-bodied male colored persons, between the ages of twenty and forty-five years, resident in the persons to be United States, shall be enrolled according to the provisions of this act, form part of the and of the act to which this is an amendment, and form part of the na- national forces. tional forces; and when a slave of a loyal master shall be drafted and Slaves of loyal mustered into the service of the United States, his master shall have a certificate thereof, and thereupon such slave shall be free; and the boun- Bounty to ty of one hundred dollars, now payable by law for each drafted man, master. 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 United States. The Secretary of War shall appoint a commission in each of the slave States represented in Congress, charged to award to each loyal per- compensation to son to whom a colored volunteer may owe service a just compensation, not loyal masters of exceeding three hundred dollars, for each such colored volunteer, payable colored volunout 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 ser- mustered into vice, 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. teers. How to be service. Penalty upon 1863, ch. 75, § 15. Vol. xii. p. 734. SEC. 25. And be it further enacted, That the fifteenth section of the act to which this is amendatory be so amended that it will read as follows: surgeon for makThat any surgeon charged with the duty of such inspection, who shall ing false report, or negligent inreceive from any person whomsoever any money or other valuable spection; 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 enrolment who shall wil- on member of fully agree to the discharge from service of any drafted person who is not board of enrollegally and properly entitled to such discharge, shall be tried by a court- discharging martial, and, on conviction thereof, be punished by a fine not less than drafted persons. 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. ment for illegally "Precinct " district," how construed. SEC. 26. And be it further enacted, That the words "precinct" and "election district," as used in this act, shall not be construed to require any and election subdivision for purposes of enrolment 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. visions. SEC. 27. And be it further enacted, That so much of the act entitled Repeal of in"An act for enrolling and calling out the national forces, and for other consistent propurposes," approved March third, eighteen hundred and sixty-three, as be inconsistent with the provisions of this act, is hereby repealed. APPROVED, February 24, 1864. may 1863, ch. 75. Vol. xii. p. 731. CHAP. XIV. — An Act reviving the Grade of Lieutenant-General in the United States Feb. 29, 1864. Army. Grade of lieu Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the grade of lieutenantgeneral be and the same is hereby revived in the army of the United tenant-general revived, and States; and the President is hereby authorized, whenever he shall deem appointment authorized. Pay and allow ances. Vol. i. it expedient, to appoint, by and with the advice and consent of the senate, a lieutenant-general, to be selected from among those officers in the military service of the United States, not below the grade of major-general, most distinguished for courage, skill, and ability, who, being commissioned as lieutenant-general, may be authorized, under the direction, and during the pleasure of the President, to command the armies of the United States. SEC. 2. And be it further enacted, That the lieutenant-general appointed as herein before provided shall be entitled to the pay, allowances, and staff 1798. ch. 47, specified in the fifth section of the act approved May twenty-eight, sev§ 5. enteen hundred and ninety-eight; and also the allowances described in the sixth section of the act approved August twenty-three, eighteen hundred and forty-two, granting additional rations to certain officers: Provided, That nothing in this act contained shall be construed in any way to affect the rank, pay, or allowances of Winfield Scott, lieutenant-general by brevet, now on the retired list of the army. p. 558. 1842, ch. 186, § 6; vol. 5, p. 513. Rank, pay, &c., of General Scott not affected. APPROVED, February 29, 1864. Feb. 29, 1864. CHAP. XV.-An Act to extend the Time for the Withdrawal of Goods from public Stores and bonded Warehouses, and for other Purposes. Goods in public stores, &c., when may be entered, and Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all goods, wares, and merchandise, now in public stores or bonded warehouses, on which duties are unpaid, and which shall have been in bond more than one year, and less bonds cancelled. than three years, at the time of the passage of this act, may be entered for consumption, and the bonds cancelled at any time before the first day of September next, on payment of duties and charges according to law; and that all acts and parts of acts inconsistent with the provisions of this act be, and the same are hereby, repealed. This act to take effect from and after its passage. Repealing clause. When act takes effect. "License" shall extend to what. 1862, ch. 163, § 15. 558. Feb. 29, 1864. Warden of jail to be appointed. Term, salary. Report. Power and SEC. 2. And be it further enacted, That the term "license," in the first proviso to the fifteenth section of the act entitled "An act increasing temporarily the duties on imports, and for other purposes," approved July fourteen, eighteen hundred and sixty-two, shall be held to extend to all vessels authorized by law to engage in the coasting trade, whether sailing under registers or enrolments and licenses. APPROVED, February 29, 1864. CHAP. XVI. — An Act to authorize the Appointment of a Warden of the Jail in the District of Columbia. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States shall appoint, by and with the advice and consent of the Senate, some suitable person to be warden of the jail in the District of Columbia, who shall hold his office for the term of four years, and who shall receive an annual salary of sixteen hundred dollars, which shall include all fees and emoluments. And said warden shall annually, in the month of November, make a detailed report to the Secretary of the Interior. SEC. 2. And be it further enacted, That the said warden shall have the duty of warden. exclusive supervision and control of the jails in said district, and be ac countable for the safe-keeping of all the prisoners legally committed thereto, and shall have all the power and discharge all the duties heretofore legally exercised and discharged over said jails and the prisoners therein by the marshal of the said district. SEC. 3. And be it further enacted, That the warden of the penitentiary Transportation in the said district, upon the order of the supreme court of said disof convicts. trict or the Secretary of the Interior, shall transport all convicts sentenced Where must be men to hold their examinations at different points within their respective different points enrolment districts, to be determined by him: Provided, That in all dis- in district. tricts over one hundred miles in extent, and in such as are composed of over ten counties, the board shall hold their sessions in at least two places so held. in such district, and at such points as are best calculated to accommodate the people thereof. Witnesses for the government, when and how boards of enrol Fees. Oath. SEC. 15. And be it further enacted, That provost-marshals, boards of enrolment, or any member thereof, acting by authority of the board, shall have power to summon witnesses in behalf of the government, and en- may be sumforce their attendance by attachment without previous payment of fees, moned before in any case pending before them, or either of them; and the fees allowed ment. for witnesses attending under summons shall be six cents per mile for mileage, counting one way; and no other fees or costs shall be allowed under the provisions of this section; and they shall have power to administer oaths and affirmations. And any person who shall wilfully and Penalty for corruptly swear or affirm falsely before any provost-marshal, or board of false swearing. enrolment, or member thereof, acting by authority of the board, or who shall, before any civil magistrate, wilfully and corruptly swear or affirm 1865, ch. 79, § 24. falsely to any affidavit to be used in any case pending before any provostmarshal or board of enrolment, shall, on conviction, be fined not exceeding five hundred dollars, and imprisoned not less than six months nor more than twelve months. The drafted men shall have process to bring in witnesses, but without mileage. Post, p. 491. Drafted men for witnesses. may have process shal or board of SEC. 16. And be it further enacted, That copies of any record of a pro- Copies of record vost-marshal or board of enrolment, or of any part thereof, certified by of provost-marthe provost-marshal, or a majority of said board of enrolment, shall be enrolment, to be deemed and taken as evidence in any civil or military court in like man- evidence. ner as the original record: Provided, That if any person shall knowingly Penalty for certify any false copy or copies of such record, to be used in any civil or falsely certifying military court, he shall be subject to the pains and penalties of perjury. record. be treated. SEC. 17. And be it further enacted, That members of religious denom- Persons coninations, who shall by oath or affirmation declare that they are conscien- scientiously opposed to bearing tiously opposed to the bearing of arms, and who are prohibited from doing arms, &c., if so by the rules and articles of faith and practice of said religious denom- drafted, how to inations, 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 freedmen, 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 Evidence as of this section unless his declaration of conscientious scruples against to conscientious scruples. bearing arms shall be supported by satisfactory evidence that his deportment has been uniformly consistent with such declaration. SEC. 18. And be it further enacted, That no person of foreign birth Persons of shall, on account of alienage, be exempted from enrolment or draft under foreign birth not to be exempted the provisions of this act, or the act to which it is an amendment, who from enrolment has at any time assumed the rights of a citizen by voting at any election or draft, if they held under authority of the laws of any state or territory, or of the have voted, &c. 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. And be it further enacted, 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 enrolment that such party is for some good and sufficient reason unable to make such oath or affirmation; and the testimony of any other Claims to exemption to be verified by oath, unless, &c. Exemptions empted to be deemed a deserter, &c. may be discharged, &c. party filed in support of a claim to exemption shall also be made upon oath or affirmation. SEC. 20. And be it further enacted, That if any person drafted and obtained by fraud liable to render military service shall procure a decision of the board of to be of no effect, enrolment in his favor upon a claim to exemption by any fraud or false and person exrepresentation 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 Persons in mil- time of his arrest: Provided, That the Secretary of War may order the itary service un- discharge of all persons in the military service who are under the age of der eighteen 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 expressed 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. And be it further enacted, That any person who shall procure, or attempt to procure, a false report from the surgeon of the board of enrolment concerning the physical condition of any drafted person, or a decision in favor of such person by the board of enrolment 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. 1864, ch. 237, § Post, p. 380. Bounty, &c., to be refunded. 5. Penalty for procuring a false report from surgeon of board of enrolment. Fees of attorneys, &c., for claim for exemption. to have fees. Penalties on attorneys, physicians, officers, clerks, &c., regarding fees, &c. SEC. 22. And be it further enacted, That the fees of agents and attormaking papers in neys 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 Physicians not 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 certificates of disability, and any officer, clerk, or deputy connected with the board of enrolment who shall receive compensation from any drafted man for any services, or obtaining 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 offence, be fined not exceeding five hundred dollars, to be recovered upon informa tion 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. Who not to be employed in procuring substitutes. Penalty. SEC. 23. And be it further enacted, That no member of the board of enrolment, and no surgeon detailed or employed to assist the board of enrolment, and no clerk, assistant, or employee of any provost-marshal or board of enrolment, 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 enrolment, 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, be punished by imprisonment not less than thirty days, nor more than six months, and pay a fine |