The Buchanan County guardian. (Independence, Buchanan County, Iowa) 1858-1864, 1863-03-24

service of the United States, or shall
counsel or aid any person to resist any
such draft, or shall assault or obstrucl
any officer in making such draft, or in
the performance of any service relating
thereto, or shall counsel any person TO
assault or obstruct any such officer, or
shall counsel any drafted men not to ap.
pear at the place of rendezvous, or will,
fully dissuade them from the performance
of military duty as required by law, such
person shall be subject to summary ar
rest by the Provost Marshal, and shall
be forthwith delivered to the civil au-
thorities, and upon conviction thereof,
be punished by fine not exceeding FIVE
hundred dollars, or by Imprisonment not
exceeding two years, or by both Of said
punishments.
A CALL TO ABsENTEEs.
SEC. 26. And be it further enacted
That Immediately after the passage OF
this act, the President shall issue his
proclamation. declaring that all soldiers
now absent from their regiments without
leave, may return within time specified,
to such place or places as he may indi,
cate in his proclamation, and be restored
to their respective regiments without pun
ishment, except the forfeiture Of their
pay and allowance during their absence /;
and all deserters who shall not return
within the time so specified by the Pres
ident shall, upon being arrested, be pun
ished as the law provides.
PROCEEDINGS BEFORE COURTS MARTIAL.
Sec. 81. And be it further enacted,
That depositions of witnesses residing
beyond the limits of the State, Territory
or District in which military courts may
be ordered to sit, may be taken in cases
not capital by either party, and read in
evidence, provided the same shall be ia,
ken upon reasonable notice to the oppo-
site party, and duly authenticated
SEC. 90. And be it further enacted,
That the judge advocate shall have pow
er TO appoint a reporter, whose duty it
shall be to record the proceedings of,
and testimony taken before military
courts, instead OF the jndge-advocate ;
and such reporter may take down such
proceedings and testimony in the first in :
stance in short hand The reporter shall
be sworn or affirmed faithfully to perform
his duty before entering upon it.
SEC. 90. And be it 'urther enacted,
That the court shall, for reasonable caus-
es, grant continuance 10 either party
for such time and as often as shall ap.
pear 10 be just; Propided, That if the
prisoner be in close confinement, the tri-
al shall not be delayed for a period long
er than sixty days.
CRIMES To BE PUNISHED.
SEC 80. And be it further enacted,
That in time Of war, insurreclion or re-
belion, murder. assault and battery, with
an intent to kill, msnslsughter, MAYHEM,
wounling by shooting or slabbng. with
an intent to commit murder robbery.
arson, burglary, rape, assault and bat
terry with intent 10 commit rape, AMI lar
ceny, shall be punishable by the sen
tence Of general Court Martial or Mill
tary Commission when committed by
persons who are in the military service
of the United States, and subject to the
articles Of war and the punishments for
such offenses shall never be less than
those inflicted by the laws of the State,
Territory or District in which they may
have been committed.
HALF PAY DURING LEAVE or ABSENCE
SIC 81. And be it further enacted
That any officer absent from duty with
leave, except from sickness or wounds,
shall, during his absence, receive half of
the pay and allowances prescribed by
law, and no more and any officer absent
without leave shall. in addition to the
penalties prescribed bv law or a Court.
Martial, forfeit all pay or allowance dur
ing such absence.
FURLoCGns.
SEC. 80. And be il further enacted,
That the commanders of regiments and
of batteries in the field are hereby au.
thorized and empowered to grant fur
loughs for period not exceeding thirty
days at any one time TO i've per centum
OF the non.commiSsioned officers and pri
Yates, for good conduct in the line Of du
ty, dc and subject TO the approval q
the commander Of the forces Of Whlch
such non commissioned Offices and pri-
Yates form part.
THE PRESIDENT 70 >HoER THE DRAFT.
SEC 33. A. oe il further enacted,
That the p ,ident of ths United States
is here' authorized and empowered, du-
rira the present rebellion, TO call forth
he National forces BY draft, in the man.
ner provided for in this act.
THE PRESIDENT To ASSIGN THE DRAFTED
SEC. 34 AMI be il further enacted,
That all persons drafted under the pro
visions OF this act, shall be assigned by
The President TO military duty in such
corps, regiments or other branches OF the
service as the exigencies Of the service
may require.
SPECIAL SERVICE.
SEC 35 And be il further enacted
That hereafter details TO special service
shall only DO made with the consent o.
the commanding officers OF forces in the
field and enlisted men now or hereafter
detailed TO special service. shall not re