Delaware State journal and statesman., 1865-03-17

inc Time OF his enlistment, known by the psrtl
furnishing him to be nOn cOmpos mentis, or IL
condition OF intoxication, or under conviction
OF indictment for any offence Of tho grade o
felony at the common law, or TO have beer
guilty OF previous act Of desertion unsatsfet
Dy pardon or punishment, or by reason Of AMI
existing inhrmity or ailmeut, physically incapa.
pie OF performing the ordinary duties Of SOL
der in actual service in the ranks, or mnoi
between the ages Of sixteen and eighteen years
without the consent Of his parent or guardian
or minor under the age Of sixteen years, IL
shall be the duty Of the Provost Marshal
General, on the advice Of the fact, to re-
port the same to the provost marshal OF
the proper district and il such person so en-
listed and incapable shall have been, since the
passage OF this act, mustered into the service
as substitute for 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 subst-
tute 80 enlisted and incapable as aforesaid shall
have been, since the passage of this act, mus
tered into the service as q substitute for per-
son actually drafted, then il shall be the duty OF
the Provost Marhal General to direct the pro-
Vost marshal OF the district Immediately to
notify the person who furnished such substitut to
that he is held to service in the place of such
substitute, and he shall stand in the same rela-
tion and be subject to the same liability as be-
fore the furnishing Of such substitute.
Sec. 20. And be II further enacted, That 10
case any substitute shall desert from the army,
aud 1t 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 deserton, or
to have been privy 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 be was
liable to draft, such service 10 commence at the
date Of the desertion of tho substitute.
Sec. 81. And be il 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 mill
tary or naval service of the United States. who
shall not return to said service, or report them
selves to a provost marshal within sixty days
after the proclaim alton hereinafter mentioned,
shall be deemed and taken to have voluntarily
relinquised and forfeited their rights Of citi-
kenship 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 military or naval service, dnly ordered,
shall be liable to the penalties Of this section.
And the President is hereby authorized and re.
quifei forthwith, the passage Of this act to is-
sue his proclamation setting forth the provisions
Of this section, in which proclamation the Pres-
dent is requested to notify all deserters return
ing within sixty days as aforesaid that they shall
be pardoned on condition Of returHlng to their
regiments and companies or to such other or |
carnations as they may be assigned to, until |
they shall have served for period of time equal
to their original term Of enlistment.
Sec. [22.l And be it further enacted, That |
the third section Of the act entitled An act
[further1 to regulate and provide for the enroll
ing and calling out the national forces, and for
other purposes" approved July fourth, eighteen
hundred and sixty-four, and the same is hereby
repealed
Sec. G23. I And be ii further enacted, That
any person or persons enrolled in any sub dis
trict may, after notice of draft and before the
same shall have taken place, cause to be mus.
tered into the service of the United States such
number of recruits, not subject to draft, as they
may deem expedient which recruits shall stand
to the credit of the persons thus causing them
to be mustered in, and shall be taken as substi-
tutes for such persons. or 80 many of them as
may be drafted, to the extent of the number Of
such recruits, and in the order designated by
The principals, at the time scuh recruits are
thus as aforesaid mustered in.
Sec. L24. And be it further enacted, That
section fifteen of the act approved February
twenty fourth, eighteen hundred and sixty -four,
entitled :" An act for enrolling and calling out
the national forces, and for other purposes" bc,
and the same is hereby, amended by inserting
after the words "any civil magistrate" the |
words, ." or any person authorizedby law to ad-
minister oaths."
Sec. I25 And be it further enacted, That
he Secretary Of War is hereby authorised to
letail one or more of the employe[els of the
War Department for the purpose of administer
ng the oaths required by law in the settlement
lf officers accounts for clothing camp, and
garrison equipage, quartermaster's stores, and
ordnance, which oaths shall be administered
without expense to the parties taking them, and
shall be as binding upon the persons taking the
same, and if falsely taken, shall be subject them
to the same penalties, as II the same were adj
by magistrate or justice of the
peace.
SEQ. 1885, And be it further enac ted, That
acting assistant surgeons, contract surgeons,
and surgeons and commissioners on the enroll
ing boards, while in the military service Of the
United States, shall hereafter be exempt from
all liability to be drafted under the provisions
of any act for enrolling and calling ont the ma
.ional forces
Sec. [27'1 And be il further enacted, That this
act shall take effect from and after it's passage
Provided, That nothing herein contained shall |
operate to postpone the pending draft, or inter-
f0re with the quotas assigned therefor.
Approved, March 3, 1866.