SEC. 9. That all acts and parts of acts inconsistent with or repugnant to any of the provisions of this act are hereby repealed, saving, however, and excepting any and all suits or prosecutions now commenced pending, and all rights of suit or prosecution under any prior act of Congress, on account of the doing or committing of any act hereby prohibited, and all rights and claims which the United States, or any person or persons, now have, growing out of such prior act; all which pending suits and prosecutions shall proceed and be determined, and all which rights and claims shall remain and be as valid and effectual as if this present act had not been passed; nor shall this act be so construed as in any way to impair or affect the obligation, duty, or liability of any person who now is or shall hereafter become the surety of any person contracting with the United States, or any officer or agent thereof; but every such surety shall be liable and answerable for the default of his principal in the same manner as if this act had not been passed, save to the extent to which his principal has performed the contract, or, if damages have been so recovered, to the extent of one-half of the damages so recovered and paid; which last amount may be shown in reduction of damages in any suit brought against the principal and surety, or principals and sureties, on their con

tract.

[Approved, March 2, 1863.]

CHAPTER 68.-Approved, March 2, 1863.-Vol. 12, p. 699. An Act to authorize an increase in the number of major-generals and brigadier-generals for forces in the service of the United States.

That, in addition to the four major-generals and nine brigadiergenerals for the regular army, and the forty major-generals and two hundred brigadier-generals for the volunteer service, authorized by the existing laws,' there may be appointed thirty majorgenerals and seventy-five brigadier-generals for forces in the service of the United States other than the regular army: Provided, That the officers to be appointed under this act shall be selected from those who have been conspicuous for gallant or meritorious conduct in the line of duty.

1 See sec. 1, chap. 133, 5 July, 1862, ante, p. 509.

CHAPTER 71.-Approved, March 3, 1863.-Vol. 12, p. 701.

An Act to amend the laws relating to the Post-Office Department.

SEC. 42. That authority to frank mail matter is conferred upon and limited to the following persons:-First, the President of the United States, by himself or his private secretary. Second, the Vice-President of the United States. Third, the chiefs of the several executive departments. Fourth, such principal officers, being heads of bureaus or chief clerks of each executive department, to be used only for official communications, as the Postmaster-General shall by regulation prescribe. Fifth, senators and representatives in the Congress of the United States, including delegates from territories, the secretary of the senate and clerk of the house of representatives, to cover correspondence to and from them, and all printed matter issued by authority of Congress, and all speeches, proceedings, and debates in Congress, and all printed matter sent to them; their franking privilege to commence with the term for which they are elected, and to expire on the first Monday of December following such term of office. Sixth, all official communications addressed to either of the executive departments of government by an officer responsible to that department: Provided, That in all such cases the envelope shall be marked "Official," with the signature thereto of the officer writing the communication. Seventh, postmasters have also the franking privilege for their official communications to other postmasters: Provided, That in all such cases the envelope shall be marked "Official," with the signature of the writer thereto, and for any and every such endorsement of official falsely made, the person making the same shall forfeit and pay three hundred dollars. Eighth, petitions to either branch of Congress shall pass free in the mails. Ninth, all communications addressed to any of the franking officers above described, and not excepted in the foregoing clauses, must be prepaid by postage stamps. The franking privilege herein before granted shall be limited to packages weighing not exceeding four ounces, except petitions to Congress and congressional or executive documents, and such publications or books as have or may be published, procured, or purchased by order of either house of Congress, or a joint resolution of the two houses, which shall

be considered as public documents and entitled to be franked as such; and except, also, seeds, cuttings, roots, and scions, the weight of the packages of which may be fixed by regulations of the Postmaster-General.1

[Approved, March 3, 1863.]

CHAPTER 75.-Approved, March 3, 1863.-Vol. 12, p. 731.

An Act for enrolling and calling out the national forces, and for other purposes. 1. Who constitute the national forces and are liable to military duty. 2. Who are exempt. No person convicted of felony allowed to serve. 3. National forces in two classes. First class. Second class. 4. The United States divided into enrolment districts. 5. Provost-marshal for each; rank, pay, &c. Provost-Marshal General; office, rank, pay, &c. 6. Duty of Provost-Marshal General. 7. Duty of provost-marshals. 8. Board of enrolment for each district; how constituted and appointed. 9. Enrolment districts to be subdivided. Enrolling officers, and their duties. 10. Each class to be enrolled separately. 11. All enrolled subjects to be called into military service. 12. President to assign number to be furnished from each district. Draft to be made, and a roll. Persons drawn to be notified. Principle of assignment. Number in several states to be equalized. 13. The drafted may furnish substitutes, or may pay not over $300. The drafted, being notified, are to be treated as deserters if they fail to report. 14. The drafted to be inspected. Claims for discharge to be submitted to a board, whose decision will be final. 15. Penalty on surgeon for neglect, &c. in inspection. 16. Those drafted over the requisite number to be discharged. Travelling expenses allowed; how paid. Provost-marshals to receive no commutation except for forage when furnished by United States. May have actual expenses, clerk hire, &c. 17. The drafted exempt upon furnishing substitute; and he shall receive the pay and allowance of original drafted. 18. Bounty for re-enlistment. 19. When companies of a regiment may be consolidated and officers reduced. 20. Officers not to be appointed to regiments reduced below minimum. 21. Sentence of court-martial upon spies and deserters need not be approved by the President. 22. Officers absenting themselves may be reduced to the ranks. 23. Clothes, arms, &c. of soldiers not to be sold. Persons not soldiers shall have no interest therein; and if in their possession, it is evidence that they bought them. 24. Penalty for aiding in desertion, harboring deserters, or purchasing their clothes, carrying away deserters, or refusing to deliver them up. 25. Penalty for resisting draft. 26. President to issue proclamation to absent soldiers to return. Deserters not returning, how punished. 27. Deposition of witnesses may be taken out of the district of a court-martial. 28. Judge-advocate may appoint a reporter to take down proceedings in short-hand. His oath. 29. Continuance. Prisoners in close confinement to be tried within sixty days. 30. Certain officers may be tried by court-martial. Punishment therefor. 31. Pay, &c. of officers absent with leave, except for sickness, &c. 32. Furloughs to non-commissioned officers and

1 For how it was before, see note 1, page 235, ante.

privates. 33. President may during rebellion call for the national forces. 34. The drafted may be assigned to any service. 35. Details to special service. How made; how paid. 36. Enlistments from volunteers to regular service forbidden. 37. Pay of grades in cavalry service. Certain grades abolished, others established. 38. Spies on conviction to suffer death.

Whereas there now exist in the United States an insurrection and rebellion against the authority thereof, and it is, under the constitution of the United States, the duty of the government to suppress insurrection and rebellion, to guarantee to each state a republican form of government, and to preserve the public tranquillity; and whereas for these high purposes a military force is indispensable, to raise and support which all persons ought willingly to contribute; and whereas no service can be more praiseworthy and honorable than that which is rendered for the maintenance of the Constitution and Union and the consequent preservation of free government: Therefore, that all able-bodied male citizens of the United States, and persons of foreign birth who shall have declared on oath their intention to become citizens under and in pursuance of the laws thereof, between the ages of twenty and forty-five years, except as hereinafter excepted, are hereby declared to constitute the national forces, and shall be liable to perform military duty in the service of the United States when called out by the President for that purpose.

SEC. 2. That the following persons be, and they are hereby, excepted and exempt' from the provisions of this act, and shall not be liable to military duty under the same, to wit: such as are rejected as physically or mentally unfit for the service; also, first, the Vice-President of the United States, the judges of the various courts of the United States, the heads of the various executive departments of the government, and the governors of the several states. Second, the only son liable to military duty of a widow dependent upon his labor for support. Third, the only son of aged or infirm parent or parents dependent upon his labor for support. Fourth, where there are two or more sons of aged or infirm parents subject to draft, the father, or, if he be dead, the mother, may elect which son shall be exempt. Fifth, the only brother of children not twelve years old, having neither father nor mother, dependent upon his labor for support.

1 For exempts, see note on page 97, ante.

Sixth, the father of motherless children under twelve years of age, dependent upon his labor for support. Seventh, where there are a father and sons in the same family and household, and two of them are in the military service of the United States as noncommissioned officers, musicians, or privates, the residue of such family and household, not exceeding two, shall be exempt. And no persons but such as are herein excepted shall be exempt: Provided, however, That no person who has been convicted of any felony shall be enrolled or permitted to serve in said forces.1 SEC. 3. That the national forces of the United States not now in the military service, enrolled under this act, shall be divided into two classes: the first of which shall comprise all persons subject to do military duty between the ages of twenty and thirty-five years, and all unmarried persons subject to do military duty above the age of thirty-five and under the age of fortyfive; the second class shall comprise all other persons subject to do military duty; and they shall not, in any district, be called into the service of the United States until those of the first class shall have been called.

SEC. 4. That, for greater convenience in enrolling, calling out, and organizing the national forces, and for the arrest of deserters and spies of the enemy, the United States shall be divided into districts, of which the District of Columbia shall constitute one, each territory of the United States shall constitute one or more, as the President shall direct, and each congressional district of the respective states, as fixed by a law of the state next preceding the enrolment, shall constitute one: Provided, That in states which have not by their laws been divided into two or more congressional districts, the President of the United States shall divide the same into so many enrolment districts as he may deem fit and convenient.

SEC. 5. That for each of said districts there shall be appointed by the President a provost-marshal, with the rank, pay, and emoluments of a captain of cavalry, or an officer of said rank shall be detailed by the President, who shall be under the direction and subject to the orders of a Provost-Marshal General, appointed or detailed by the President of the United States, whose office shall be at the seat of government, forming a sepa

1 By sec. 6, chap. 68, 2 March, 1833, "No person who has been convicted of any criminal offence shall be enlisted into the army of the United States."