Document No. 7.

REPORT OF "DESERTERS' BRANCH."

PROVOST MARSHAL GENERAL'S OFFICE, Washington, D. C., December 31, 1865. GENERAL: I have the honor to submit my report of the proceedings of the “deserters' branch" of your bureau since its organization in the spring of 1863, and have prefixed a few pages about the arrest of deserters before its establish

ment.

The "paper-work " of arresting deserters (to which this branch has been confined) has not been liable to many changes, and I have had but few improvements to suggest, considering that, as now constituted, the branch is in an effective condition. I have given a sketch of its working, which will suffice to reorganize it if needful, and which forms an index to its records.

Until September, 1861, arrests of deserters were made in conformity with section 152 army regulations, which offered $30 reward for the apprehension and delivery of a deserter to an officer of the army at the most convenient post or recruiting station; and at that time General Orders No. 73 substituted a reward of five instead of thirty dollars. This sum included all expenses, and but few deserters were arrested-these chiefly by citizens.

In April, 1862, General Orders No. 36, Adjutant General's office, laid the duty of" collecting stragglers" and deserters on the military commanders of cities, nothing being ordered with regard to country districts. This was the first organized attempt to arrest and punish the many deserters from our volunteer forces then at large.

In June, General Orders 61 called attention to the great number of officers absent on leave, and notified all such that they would be considered "absent without leave" unless found at their posts within fifteen days from the date of the order, or excused by the Adjutant General on proper certificate of disability. Those still unfit for duty, but able to travel, were to report at Annapolis, or Camp Chase, Ohio, for examination and medical treatment, or discharge.

General Orders 65 forbade commanding officers of companies or regiments to give "furloughs on any pretext whatever," as such furloughs would not relieve a soldier from the charge of desertion and the consequent penalty; and called upon military commanders to publish in some newspaper a notice requiring all soldiers in the vicinity, not on treatment in an United States hospital, to report without delay, on penalty of being considered deserters.

General Orders 72 revoked all furloughs granted to paroled prisoners and ordered them to report without delay to certain specified rendezvous or be considered deserters and dealt with accordingly, and directed all commanding, mustering, and recruiting officers, and requested governors of States to make known the order as far as possible.

In July, General Orders 78 called attention to the full medical facilities afforded to all soldiers in United States hospitals, and said that "the unauthorized removal of soldiers from under the control of the United States authorities by any agents whatever subjects them to loss of pay and other penalties of desertion."

General Orders 92 called upon all officers and soldiers absent without proper authority to return to duty before August 11, and prescribed a muster of each regiment and corps on the 18th of August, all absentees from the same to be considered deserters; and further said, "The United States marshals in the respective districts, the mayor and chief of police in any town or city, the sheriff of the respective counties in each State, all postmasters and justices of the peace,

soldier, fit for duty, who may be found absent from his command without just cause, and convey him to the nearest military post or depot. The transportation, reasonable expenses of this duty, and five dollars will be paid for each officer and soldier so arrested and delivered."

By General Orders 140 (September 24) there was instituted a corps of provost marshals, to be controlled by a Provost Marshal General, whose duty was. to arrest deserters, spies, &c. To perform this they were to call upon any available military force at hand, or to employ the assistance of citizens, constables, sheriffs, or police officers. Colonel S. Draper was made Provost Marshal General under this order. There are no available records to show how many deserters were arrested by this organization, but they were undoubtedly few.

The above shows the difficulties encountered, and the ineffectual remedies adopted before the establishment of your bureau. With an army as large as ours it has been found cheaper to have a regular system of provost marshals throughout the country, by whose means at least two-thirds of the deserters have been returned to duty, and their comrades deterred from following their example.

On the 3d of March, 1863, the first enrolment act became law. It provided, inter alia, for the appointment of a provost marshal for every congressional dis trict, and a Provost Marshal General, who should furnish them with the name and residence of all deserters from the army and navy when reported to him by their commanding officers, and made it the duty of provost marshals to arrest all such.

Under section 26 of this act the President, on the 10th of March, issued a proclamation, pardoning all deserters who should voluntarily report before April 1. The number who returned is not on record.

On the 24th of March, 1863, General Orders 72 required commanders of regiments, independent battalions, companies, and batteries, surgeons in charge of hospitals or detachments, and all persons in the military service controlling detached parties, to report, on the last day of every month, to the Provost Marshal General, the names of all men of their command who had deserted during the previous month, or who had not been already reported. This report was to be made in the form of a descriptive list, setting forth, also, their place of residence, and such available information as might lead to their arrest. On the establishment of your bureau, Major Chauncey McKeever was ordered to receive the reports called for by the above order, and attend to all official correspondence relating to deserters. This branch was thus organized April 8, 1863, with a force of eight clerks.

The reports of deserters began to come in early in April. At first the originals were forwarded to the acting assistant provost marshals general of the States to which the regiments of the deserters belonged. But it was found, after a few weeks' experience, that this system was inadequate, and about the beginning of May the clerical force of the branch was increased, and a copy of the descriptive list of each deserter was sent to the provost marshal of the district in which the deserter was supposed to reside, the original reports being kept on file. This system has, since that time, been adhered to.

Considerable difficulty was experienced in procuring the reports from commanding officers, and many had to be notified, time and time again, before the reports were obtained. Even at this date, despite numerous notifications, some reports are missing, and, as the delinquent regiments have mostly been mustered out, the record of deserters can never be entirely completed.

It was constantly found necessary to urge the provost marshals to energy in arresting deserters by means of circulars and letters. Until the reward was increased to $30, however, few arrests were made. The reward was a powerful stimulus to exertion on the part of both citizens and special officers, many

of which latter elected to relinquish their monthly pay and take the reward instead.

The manner in which the payment of the reward of $5 and expenses incurred was made was intricate. The vouchers necessary to secure the payment of the reward from a disbursing quartermaster were a certificate from a provost marshal, or officer commanding a military post, that a deserter (identified in the certificate by name, company, and regiment) had been received by them, and that the person apprebending the same (whose name and description were also given) was entitled to the proper reward. Expenses incurred were given in detail, specifying to whom paid and for what the expense was necessary. Examining and testing the correctness of the expenses incurred was too complicated a system to work well.

Considerable trouble was experienced in the beginning of 1863 in the issue, by State courts, of writs of habeas corpus, in the case of deserters arrested, provost marshals in many instances giving the deserters up to the civil authorities, whereby they often escaped punishment. To obviate this difficulty, Solicitor Whiting gave an opinion on the legality of the writ in such cases, which was made public in circular 36, from this office. It instructs provost marshals to make due answer to the writ whenever issued, apprising the State court from which it issued that the prisoner was under custody of the United States, whereupon they could proceed no further. If an attempt were made by the State court to control the provost marshal, he was authorized to resist by force. The language of Chief Justice Taney was quoted in support of this authorization. The answer of the provost marshal to the writ was to specify that he was provost marshal, appointed by the President, under authority of an act of Congress; that the prisoner was a deserter, held under the act, and that his production in court would be in violation of his (the provost marshal's) duties. To this any other material facts were to be added which he might consider necessary. Since the issue of this circular no further cases have occurred.

By General Orders 222, A. G. O., July 16, 1863, the reward of $5 was increased to $10-a decided improvement.

Enrolled and drafted men have frequently sought to evade service by changing residence and absconding, believing that they could not be arrested; and, accordingly, in circular 47, (July 17,) the opinion of Mr. Whiting was issued, to the effect that "there is no way or manner in which a person once enrolled can escape his public duties; and, when drafted, the rights of the United States against him are secured, and it is only by performance of his duty to the country that he will escape liability to be treated as a criminal." A notification of draft left at his last place of residence was held to be enough to convict him of desertion, unless he answered it in person, or by payment of commutation. Many of these men hereupon reported voluntarily, and more were arrested and held to service. Many cases of deserters being furnished as substitutes having occurred, circular 64 (August 16) made principals furnishing such still liable to service, unless a second and acceptable substitute was put in his place.

It was decided by the general-in-chief, (and promulgated in letter from Adjutant General's office, August 28, 1863,) that men arrested as deserters from regiments mustered out of service should be examined, and, if found to be such, should be assigned to some regiment of the same State, to serve out all the time lost by desertion. This has been since the invariable practice.

Circular S2 ordered that drafted men failing to report, and arrested, would be held to service, unless disability were clearly proved to the board of enrolment, in which case they would be discharged.

Finally, in September, 1863, General Orders 325, A. G. O., increased the reward for arresting deserters to $30, which was to include all expenses. This in

arrests of deserters, and also considerably increased the number of arrests. Some persons were arrested who proved, upon strict examination, (as ordered by circular 94, from this office,) not to be deserters. These were, of course, at once discharged, and no reward was paid. In other cases rewards were paid and afterwards returned to the disbursing officer, when the arrest was proved wrongful. No rewards were allowed for the arrest of drafted men failing to report, unless they were held to service.

Some minors who have deserted have been screened from punishment by issue of writ of habeas corpus. In the case of Leroy Whitman, (March 16, 1864,) it was adjudged that he was guilty of desertion, though he had enlisted as a minor, because with the knowledge and without the objection of his father. Since then no such writs have been issued. At the time, the act approved February 13, 1862, repealing all laws authorizing the discharge of minors, though promulgated, did not seem to have been generally understood.

To facilitate arrests, post commanders and surgeons in charge of United States hospitals were instructed (circular 46, A. G. O., June 21, 1864) to report desertions, as soon as ascertained, to the nearest provost marshal.

By circular 85, A. G. O., November 28, 1864, it was decided that deserters who had returned under the President's proclamation of March 10, 1863, must make good the time lost by desertion, in addition to their unexpired term of service, although relieved from punishment.

By an order consequent upon an opinion of Mr. Whiting, of January 5, 1865, it was decided that all persons gaining exemption by fraud were liable to be proceeded against as deserters. This was to remedy an extensive evil, all manner of frauds being attempted in order to evade service. In the case which especially called forth this opinion a drafted man gave his brother $300 to pay his commutation, who, instead of doing so, presented himself as the principal, and was exempted on the ground of "physical disability." This is but one of the many instances of sharp practice.

By enrolment act approved March 3, 1865, all principals aiding their substitutes to desert were made a second time liable to service. Under the same act all deserters failing to report under the President's proclamation authorized thereby were disfranchised. No steps have yet been taken to carry out this provision.

The following officers have been in charge of this branch:

Major Chauncey McKeever, assistant adjutant general, from April 8, 1863, to October 1, 1863.

Captain W. R. Pease, seventh infantry, from October 1, 1863, to November 23, 1863.

Captain Henry Stone, assistant adjutant general of volunteers, from November 23, 1863, to February 9, 1864.

Captain W. R. Pease, seventh infantry, February 9, 1864, to May 2, 1864. Captain Geo. E. Scott, Veteran Reserve Corps, from May 2, 1864. On the 5th of December I relieved the last named, since which date I have been in charge. It has not been found advisable since May, 1863, materially to change the manner of informing provost marshals of the descriptions and whereabouts of deserters. The commanding officer of a regiment reports to this office the deserters during a certain month on a blank, which gives descriptive list, residence, supposed whereabouts, and any other facts which may tend to identify them. This report is received, and a copy of the description of every deserter thereon is forwarded to the provost marshal where he is probably to be found, and the report filed away. When there are several places which he would probably frequent, descriptive lists are sent to the several provost marshals. This workas desertions have averaged five or six thousand a month-is necessarily large, and it has been sometimes necessary to employ from twenty to thirty clerks

at copying. It has also been inculcated upon provost marshals and acting assistant provost marshals general diligently to interchange descriptive lists of deserters when they are known or supposed to be in another district or State. Every possible care has been taken to keep provost marshals advised of the whereabouts of deserters; and it is believed that the arrests, which are nearly two-thirds of the desertions, show that the work has been well done.

The clerks have mostly been detailed men, generally from the Veteran Reserve Corps.

Experience has proved that the best method of arresting deserters is to offer $30 reward, to include all incidental expenses. Fewer deserters are arrested when the reward is smaller, and the necessary expenses incident to their arrest, which are paid in addition to the smaller reward, generally swell the whole amount to more than $30, not to mention the additional labor necessitated in examining vouchers, &c.

In the payment of rewards, provost marshals were instructed to examine each case to ascertain whether the deserter was culpable, or the victim of misapprehension of duty. Frequent cases have occurred of soldiers being arrested by having overstayed their sick leaves, through ignorance of what steps to take to protect themselves, in most of which no rewards were paid. The prompt payment for arrests, more than any other circumstance, tends to make them frequent; and in some districts, where few arrests have been made, it has been owing to the time taken to get the reward paid, (often from three to six months,) the nearest disbursing quartermaster being hundreds of miles distant from the provost marshal's headquarters.

The President's proclamation of March 10, 1865, did not meet with the response anticipated. It was extensively published everywhere, and constant attention was called to its provisions through the public press by editorials and otherwise; still, only 1,755 availed themselves of it.

At the expiration of the sixty days allowed for the voluntary return of deserters, orders were issued to recommence their arrest; but as almost all deputies and special agents had before that time been discharged, and the reward discontinued, but few arrests have since been made.

The large bounties given to volunteers have undoubtedly been an inducement to many to desert for the purpose of re-enlisting; but a still greater inducement has been the leniency with which the most culpable deserters have been treated. Had the extreme penalty attached to desertion been invariably carried into execution, bounty-jumping and desertion would not have reached such gigantic proportions. The time elapsing, too, between arrest and trial give the reckless and often skilful deserter opportunity to escape. In the case of desperate and well-known offenders, a speedy trial and short shrift would have exerted a salutary influence.

It is curious how the stories circulated by deserters gain credence. To palliate their crime they tell tales of hardships endured by them, and of barbarities practiced upon them by their officers; and, though generally false in every respect, these stories are retailed through the country by themselves and friends, exaggerated in every possible way and believed by many. Being tied up by the thumbs, though not a severe punishment, sounds to those who suppose it means "hung up by the thumbs," like a most barbarous proceeding. These stories would seem, from the reports of provost marshals, to have been among the most serious obstacles to recruiting.

Of the deserters regained, about forty-two per cent. have been arrested by special officers, thirty-three per cent. by citizens, and twenty-five per cent. have voluntarily surrendered themselves, including those under the President's proclamations.

The work of this branch needed at the season of hardest labor, (December,