established under proper authority. And no goods, wares, or merchandise shall be taken into a state declared in insurrection, or transported therein, except to and from such places and to such monthly amounts as shall have been previously agreed upon in writing by the commanding general of the department in which such places are situated and an officer designated by the Secretary of the Treasury for that purpose.

SEC. 10. And be it further enacted, That all officers and privates of the regular and volunteer forces of the United States, and all officers, sailors, and marines in the naval service, are hereby prohibited from buying or selling, trading, or in any way dealing in the kind or description of property mentioned in this act, and the act to which this is in addition, whereby to receive or expect any profit, benefit, or advantage to himself, or any other person, directly or indirectly connected with him; and it shall be the duty of such officer, private, sailor, or marine, when such property shall come into his possession or custody, or within his control, to give notice thereof to some agent, appointed by virtue of this act, and to turn the same over to such agent without delay: . . . [penalty for violation, &c.]

SEC. 11. And be it further enacted, That the Secretary of the Treasury, with the approval of the President, shall make such rules and regulations as are necessary to secure the proper and economical execution of the provisions of this act, and shall defray all expenses of such execution from the proceeds of fees imposed by said rules and regulations, of sales of captured and abandoned property, and of sales hereinbefore authorized. APPROVED, July 2, 1864.

IN a communication of June 7, 1864, the Secretary of War urged the repeal of the $300 commutation clause of the Enrolment Act of March 3, 1863,

to repeal the clause was reported by the Senate Committee on Military Affairs the next day, and on the 23d, by a vote of 24 to 7, the bill in amended form passed. In the House a bill to amend the act of 1863 was reported June 21. A motion to reject the bill resulting in a tie, the speaker voted in the negative. The first section, repealing the commutation clause, was stricken out, the vote being 100 to 50. On the 28th, after the rejection of numerous amendments and substitutes, the bill passed, the vote being 82 to 77, 23 not voting. Throughout the proceedings in the House there was strong opposition. The Senate incorporated its own bill of June 23, together with an amendment offered by Sherman providing for an income tax to pay the cost of bounties and drafts. The bill thus amended passed the Senate, June 29, by a vote of 27 to 7. The next day, on motion of Thaddeus Stevens, the House returned the bill to the Senate on the ground that the amendment proposing an income tax was unconstitutional, and a violation of the privileges of the House. The Senate struck out the amendment, but refused to recede from a further amendment regarding the enlistment of negroes. The bill went to a conference committee, whose report, July 2, was rejected by the Senate by a vote of 16 to 18. A second conference report was agreed to in the Senate by a vote of 18 to 17, and in the House by a vote of 66 to 55. July 18 a call for 500,000 men was issued under the act.

REFERENCES. Text in U.S. Statutes at Large, XIII, 379, 380. For the proceedings see the House and Senate Journals, 38th Cong., 1st Sess., and the Cong. Globe. The letter of the Secretary of War is in McPherson, Rebellion, 263, note. Extracts from discussions on the constitutionality of the act are given in McPherson, ibid., 272-274.

An Act further to regulate and provide for the enrolling and calling out the National Forces, and for other Purposes.

Be it enacted That the President of the United States may, at his discretion, at any time hereafter call for any number of men as volunteers for the respective terms of one, two, and three years for military service; and any such volunteer, or, in case of draft, as hereinafter provided, any substitute, shall be credited to the town, township, ward of a city, precinct, or election district, or of a county not so subdivided, towards the quota of which he may have volunteered or engaged as a substitute; and every volunteer who is accepted and mustered into the service for a term of one year, unless sooner discharged, shall receive, and be paid by the United States, a bounty of one hundred dollars; and if for a term of two years, unless sooner discharged, a

bounty of two hundred dollars; and if for a term of three years, unless sooner discharged, a bounty of three hundred dollars; one third of which bounty shall be paid to the soldier at the time of his being mustered into the service, one third at the expiration of one half of his term of service, and one third at the expiration of his term of service; and in case of his death while in service, the residue of his bounty unpaid shall be paid to his widow, if he shall have left a widow; if not, to his children, or if there be none, to his mother, if she be a widow.

SEC. 2. And be it further enacted, That in case the quota, or any part thereof, of any town, township, ward of a city, precinct, or election district, or of any county not so subdivided, shall not be filled within the space of fifty days after such call, then the President shall immediately order a draft for one year to fill such quota, or any part thereof, which may be unfilled; and in case of any such draft no payment of money shall be accepted or received by the government as commutation to release any enrolled or drafted man from personal obligation to perform military service.

SEC. 3. And be it further enacted, That it shall be lawful for the executive of any of the states to send recruiting agents into any of the states declared to be in rebellion, except the states of Arkansas, Tennessee, and Louisiana, to recruit volunteers under any call under the provisions of this act, who shall be credited to the state, and to the respective subdivisions thereof, which may procure the enlistment.

SEC. 4. And be it further enacted, That drafted men, substitutes, and volunteers, when mustered in, shall be organized in, or assigned to, regiments, batteries, or other organizations of their own states, and, as far as practicable, shall, when assigned, be permitted to select their own regiments, batteries, or other organizations from among those of their respective states which at the time of assignment may not be filled to their maximum number.

SEC. 6. And be it further enacted, That section three of an act entitled "An act to amend an act entitled 'An act for enrolling

and calling out the national forces, and for other purposes,"" approved February twenty-four, eighteen hundred and sixtyfour, be, and the same is hereby, amended, so as to authorize and direct district provost-marshals, under the direction of the provost-marshal general, to make a draft for one hundred per centum in addition to the number required to fill the quota of any district as provided by said section.

SEC. 10. And be it further enacted, That nothing contained in this act shall be construed to alter, or in any way affect, the provisions of the seventeenth section of an act approved February twenty-fourth, eighteen hundred and sixty-four, entitled " An act to amend an act entitled 'An act for enrolling and calling out the national forces, and for other purposes,' March third, eighteen hundred and sixty-three.

999

approved

SEC. 11. And be it further enacted, That nothing contained in this act, shall be construed to alter or change the provisions of existing laws relative to permitting persons liable to military service to furnish substitutes.

APPROVED, July 4, 1864.

No. 41.

Act to encourage Immigration

July 4, 1864

A BILL to encourage immigration was reported in the House, April 16, 1864, by Elihu B. Washburne of Illinois, from the select committee on that subject. The bill passed the House April 21, and the Senate with amendments June 27. The House disagreed to the Senate amendments, and the bill went to a conference committee, whose report was accepted by the two houses July 2.

REFERENCES.-Text in U.S. Statutes at Large, XIII, 385-387. For the proceedings see the House and Senate Journals, 38th Cong., 1st Sess., and the Cong. Globe. Washburne's report of April 16 is House Report 56; see also House Report 42, 37th Cong., 3d Sess. See Sherman, Recollections, II, 10811083.

Be it enacted.

An Act to encourage Immigration.

That the President of the United States is hereby authorized, by and with the advice and consent of the Senate, to appoint a commissioner of immigration, who shall be subject to the direction of the Department of State. . .

SEC. 2. And be it further enacted, That all contracts that shall be made by emigrants to the United States in foreign countries, in conformity to regulations that may be established by the said commissioner, whereby emigrants shall pledge the wages of their labor for a term not exceeding twelve months, to repay the expenses of their emigration, shall be held to be valid in law, and may be enforced in the courts of the United States, or of the several states and territories; and such advances, if so stipulated in the contract, and the contract be recorded in the recorder's office in the county where the emigrant shall settle, shall operate as a lien upon any land thereafter acquired by the emigrant, whether under the homestead law when the title is consummated, or on property otherwise acquired until liquidated by the emigrant; but nothing herein contained shall be deemed to authorize any contract contravening the Constitution of the United States, or creating in any way the relation of slavery or servitude.

SEC. 3. And be it further enacted, That no emigrant to the United States who shall arrive after the passage of this act shall be compulsively enrolled for military service during the existing insurrection, unless such emigrant shall voluntarily renounce under oath his allegiance to the country of his birth, and declare his intention to become a citizen of the United States.

SEC. 4. And be it further enacted, That there shall be established in the city of New York an office to be known as the United States Emigrant Office; and there shall be appointed, by and with the advice and consent of the Senate, an officer for said city, to be known as superintendent of immigration . . .; and such superintendent shall, under the direction of the commissioner of immigration, make contracts with the different rail