War of the Rebellion: Serial 124 Page 0460 CORRESPONDENCE, ETC.

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Consolidated abstract from returns of the U. S. Army for June 30, 1863.

Present for duty.

Command. Officers Men. Aggregate Aggregat

. present. e

present

and

absent.

Department of the 5,112 79,258 97,142 133,044

Cumberland

(Rosecrans)......

Department of the 165 1,716 2,705 2,992

East (Wool).......

Department of the 1,561 32,329 42,777 58,757

Gulf (Banks)......

Middle Department 380 5,710 7,417 8,505

(Schenck).........

Department of the 1,289 26,539 35,154 43,770

Missouri

(Schofield)

Department of the 23 666 768 784

Monongehela

(Brooks)

Department of the 121 2,226 2,961 3,466

Mexico (Carleton)

Department of the 469 9,586 12,166 24,964

Carolina (Foster)

Department of the 303 5,931 6,938 9,278

Northwest (Pope)..

Department of the 1,613 29,095 37,151 49,021

Ohio (Burnside)

Department of the 232 3,637 4,848 5,509

Pacific (Wright)

Department (or 6,629 97,627 117,930 171,386

Army) of the

Potomac (Meade)...

Department of the 805 15,946 21,323 25,208

South (Gillmore)

Department of the 860 12,894 15,036 17,008

Susquehanna (Couch)

Department of the 6,093 103,111 138,052 181,089

Tennesee (Grant)

Department of 1,591 29,764 33,880 42,627

Virginia (Dix)

Department of 1,025 20,442 32,644 38,727

Washington

(Heintzelman).....

Department of West 629 14, 180 15,918 18,277

Virginia (Kelley)

Troops en route in 563 10, 186 11,379 13,475

Maryland a........

Total. 29,463 500,843 636, 189 847,886

a Not elsewhere reported, and consisted of Ellion's command, French's division, and Lockwood's brigade, all of which subsequently joined the Army of the Potomac.

CIRCULAR

WAR DEPT., PROV. March GENERAL'S OFFICE, Numbers 36. Washington, July 1, 1863.

The following opinion Honorable William Whiting, Solicitor of the War Department,is published for the information and guidance of all officers of this Burneau:

Arrest of Deserters-Habeas Corpus.

OPINION.

It is evacuated in the seventh section of the act, approval March 3, 186, entitled "An act for enrolling and calling out the national forces, and of other purposes," that it shall be the duty of the provost-marshals appointed under this act "to arrest all deserters, whether, whether regulars, volunteers, militiamen, or persons called into the service under this or any other act of Congress, whether they may be found, and to send them to the nearest military commander or military post.

If a writ of habeas corpus shall be issued by a State court, and served upon the provost-marshal while he holds under arrest a deserter, before he has had opportunity" to send him to the nearest military commander of military post," the provost-marshal is not at liberty to disregard that process. "it is the duty of the marshal, or other person having custody of the prisoner, to make known to the judge or court, by a return, the authority by which he holds him in custody. But after this return is made, and the State judge or court judicially apprised that the party is in custody under the authority of the United States, they can proceed no further.

"They then know that the prisoners is within the dominion and jurisdiction of another Government, and that neither the writ of habeas corps nor any other proceeds issued under the State authority can pass over the line of division between the two sovereignties He is then within the dominion and exclusive jurisdiction of the United States. If he has committed an offense against their laws their tribunals alone can punish him. If he is wrongfully imprisoned their judicial tribunals can release him and afford him redress. And, although, as we have said, it is the duty of the marshal, or other person holding him, to make