War of the Rebellion: Serial 124 Page 0349 UNION AUTHORITIES.

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not give anybody's name. Mr. Tompkins made complaint to Captain Gregory, and he issued a warrant for his arrest. I served the warrant abut 10 o"clock. After I arrested him he gave his name as Michael Briody. I was directed to bring him to the U. S. marshal's office.

COMMISSIONER'S DECISION.

The commissioner held that the provisions of section 25 of the act of March 3, 1863, under which he defendant is arrested, did not apply to the enrollment or to any of the proceedings connected therewith; that the section had reference to the execution of the draft after the enrollment shall have been completed; that the enrollment is a preliminary step to a draft, and is a separate and distinct act of itself; that no draft has been ordered by the President, and all proceedings connected with the act of enrollment are detailed and specified in the orders issuing from the Secretary of War.

The commissioner was of the opinion that the section referred to did not clearly express the intent and meaning of the act, and that the clause, "or shall assault or obstruct any officer in making such draft, or in the performance of any service in relation thereto," as he interpreted and understood it, had reference only to the proper execution of the draft itself.

The commissioner further observed that the conscription act was another sad evidence of the immature deliberations and incomplete legislation of our law-makers, and regretted that its provisions were not more explicit.

The commissioner said that he was but performing an act of justice, as he understood the law and the offense charged, in ordering the accused to be discharged from custody.

Defendant discharged.

COLUMBUS, OHIO, June 12, 1863.

Honorable E. M. STANTON:

A sense of duty compels me to renew my application for an increase of the Governor's Guard to a full regiment. The peace and quiet of the State require it.

DAVID TOD,

Governor.

COLUMBUS, OHIO, June 12, 1863.

Brigadier General J. D. COX:

I think it advisable, if not indispensably necessary, that a force of at least two hundred men be stationed at Mansfield to secure order and quiet during the enrollment and draft.

DAVID TOD,

Governor.

OFFICE ACTG. ASST. PROV. March GENERAL OF OHIO,

Columbus, Ohio, June 12, 1863.

Colonel JAMES B. FRY,

Provost-Marshal-General:

COLONEL: I have the honor to report that in Morrow County, Eighth Congressional District, the enrolling officers have met with armed resistance; that four of the principal insurgents have been