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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.

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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

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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.

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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,"" approved March third, eighteen hundred and sixty-three.

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, 1081– 1083.

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.

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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

roads and transportation companies of the United States for transportation tickets, to be furnished to such immigrants, and to be paid for by them, and shall, under such rules as may be prescribed by the commissioner of immigration, protect such immigrants from imposition and fraud, and shall furnish them such information and facilities as will enable them to proceed in the cheapest and most expeditious manner to the place of their destination. And such superintendent of immigration shall perform such other duties as may be prescribed by the commissioner of immigration: Provided, That the duties hereby imposed upon the superintendent in the city of New York shall not be held to effect the powers and duties of the commissioner of immigration of the State of New York; and it shall be the duty of said superintendent in the city of New York to see that the provisions of the act commonly known as the passenger act are strictly complied with, and all breaches thereof punished according to law.

APPROVED, July 4, 1864.

No. 42. Proclamation
Proclamation regarding Reconstruction

July 8, 1864

December 15, 1863, on motion of Henry Winter Davis of Maryland, so much of Lincoln's message of December 8 as related "to the duty of the United States to guaranty a republican form of government to the States in which the governments recognized by the United States have been abrogated or overthrown" was referred, by a vote of 91 to 80, to a select committee of the House, with instructions to report bills to carry into execution the said guarantee. A bill was reported by the committee February 15, 1864, and passed the House May 4 by a vote of 74 to 66. July 1 the Senate, by a vote of 30 to 13, adopted a substitute, proposed by B. Gratz Brown of Missouri, declaring that when the inhabitants of any State had been declared in insurrection by proclamation under the act of July 13, 1861, they should be "incapable of casting any vote for electors of President or Vice President of the United States, or of electing Senators and Representatives in Congress,

until said insurrection in said State is suppressed or abandoned and said inhabitants have returned to their obedience to the Government of the United States, nor until such return to obedience shall be declared by proclamation of the President, issued by virtue of an act of Congress, hereafter to be passed, authorizing the same." The House refused to concur, and July 2 the Senate, by a vote of 18 to 14, receded, and the House bill passed. Lincoln was opposed to the bill and withheld his approval, but immediately upon the adjournment of Congress issued the following proclamation with the bill attached. The bill was the first formal plan of reconstruction agreed upon by Congress.

REFERENCES. Text in U.S. Statutes at Large, XIII, Appendix, xiv-xvii. For the proceedings see the House and Senate Journals, 38th Cong., Ist Sess., and the Cong. Globe. On Lincoln's plan of reconstruction see Cox, Three Decades, chap. 17. On the bill see Nicolay and Hay, Lincoln, IX, chap. 5; E. B. Scott, Reconstruction during the Civil War.

BY THE PRESIDENT OF THE UNITED STATES.

A PROCLAMATION.

(The proclamation recites the passage of the bill annexed, and its presentation to the President "less than one hour before the sine die adjournment of said session," and continues :)

And whereas the said bill contains, among other things, a plan for restoring the states in rebellion to their proper practical relation in the Union, which plan expresses the sense of congress upon that subject, and which plan it is now thought fit to lay before the people for their consideration:

Now, therefore, I, ABRAHAM LINCOLN, President of the United States, do proclaim, declare, and make known, that, while I am (as I was in December last, when by proclamation I propounded a plan for restoration) unprepared by a formal approval of this bill, to be inflexibly committed to any single plan of restoration; and, while I am also unprepared to declare that the free state constitutions and governments already adopted and installed in Arkansas and Louisiana shall be set aside and held for nought, thereby repelling and discouraging the loyal citizens who have set up the same as to further effort, or to declare a constitutional competency in congress to abolish slavery in states, but am at

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