Today in History:

1225 Series III Volume IV- Serial 125 - Union Letters, Orders, Reports

Page 1225 UNION AUTHORITIES.

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 from the miliary or naval service, 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 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 years 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 him to be such, shall, upon conviction by any court-material, be dishonorably dismissed 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 of War that such substitute was, at the time, of his enlistment, known by the party furnishing him to be non- compos mentis, or in a condition of intoxication, or under conviction or incitement 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, 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, mastered 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 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 purity 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 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 forested 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 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 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 request to notify all deserters returning within sixty days as aforesaid that they shall be pardoned on condition of returning to their regiments and


Page 1225 UNION AUTHORITIES.