War of the Rebellion: Serial 124 Page 0468 CORRESPONDENCE ETC,

Search Civil War Official Records

JULY 3, 1863.

A. G. Curtin,. Governor of State of Pennsylvania, has called for 60,000 militia, to be mustered into the State service for three months. Wishes to be informed what relation these men when enlisted and mustered will bear to the draft.


Washington, D. C., July 5, 1863.

Respectfully submitted to the Secretary of War.

I have given much thought to this and the kindred subject of men mustered into the U. S. service for short periods in their relations to the draft. My opinion is that all men lately called out, for a period of six months or less, and mustered into the U. S. service, or the State service alone, are subject to a draft under the enrollment act. This view has been approved by the Secretary and promulgated. If any men now in the U. S. service should be drafted they must received credit for the time they may have served or may yet serve under their present engagements. I further judge, from present lights on the subject, that those who may be so drafted should be duly enrolled and notified of the fact through their present commanding officers, but had better be permitted or directed to continue, until further orders, on duty with the organizations to which they now belong, and when their present terms expire they should be assigned to three-years" regiment, uncles they at that time secure exemption under the enrollment act. I think those men called out by a Governor for the defense of a State, and not mustered into U. S. service, and who may be drafted, should be duly notified and required to report to the provost-marshal of the district, to be enrolled into the U. S. service for three years, the same as if they were not in the military service of the State. The decision of this question will affect several other States besides Pennsylvania.

I am, very respectfully, your obedient servant,

J. B. FRY,



Approved by the Secretary of War July 6, 1863.



Washington, July 4, 1863.

* * * *

2. The following assignment of officers is hereby made:

Brigadier General E. W. Hinks, U. S. Volunteers, to command the depot for drafted men at Concord, N. H.

* * * *

Brigadier General Charles Devens, U. S. Volunteers, to command the depot for drafted men at Springfield, Mass.

* * * *

Brigadier General L. C. Hunt, U. S. Volunteers, to command the depot for drafted men at New Haven, Conn.

* * * *

Brigadier General Andrew Porter, U. S. Volunteers, to command the depot for drafted men at philadelphia, Pa.

* * * *