War of the Rebellion: Serial 124 Page 0535 UNION AUTHORITIES.

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larly timid, at the same time we believe that it would be recklessness and foolhardiness to attempt a draft in this city without protection.

Respectfully,

J. M. TILLPAUGH,

Provost-Marshal.

A. H. BARNES,

Member of Board of Enrollment.

[Indorsement.]

ACTG. ASST. PROVOST-MARSHAL-GENERAL'S OFFICE, Milwaukee, Wis., July 16,1 863.

Respectfully referred to the commanding general of the Department of the Northwest.

Fully concurring with the views of the Board of Enrollment, except to that part which recommends the removal of the office to Racine during the time of drafting in the city of Milwaukee, Wis.

CHAS. S. LOVELL,

Lieutenant-Colonel Eighteenth Infantry, Acting Assistant Provost- Marshal-General for Wisconsin.

CIRCULAR

WAR DEPT., PROV. March GENERAL'S OFFICE, Numbers 51.

Washington, D. C., July 18, 1863.

the fourth paragraph of Circular Numbers 44, issued from this office July 12, 1863, is hereby modified so as to correspond with the following opinion of the Honorable William Whiting, Solicitor of the War Department, which will hereafter govern in all cases in which it is applicable:

OPINION.

A person drafted into the military service of the United States under the provisions of the act March 3,m 1863, chapter 75, for "enrolling and calling out the national forces, and for other purposes," claiming exemption from draft by reason of any disability as provided in said act, has the right to have the question of his disability submitted to and passed upon by the Board of Enrollment, whose decision thereon is final. If the Board shall have decided that the claimant is liable to serve, he has the right, after such decision against him, to pay his communication money, or to furnish his subsistence, within such extended time a may be fazed by the order of the Board of Enrollment for his appearance for duty.

WILLIAM WHITING,

Solicitor of the War Department.

JAMES B. FRY,

Provost-Marshal-General.

CIRCULAR

WAR DEPT., PROV. March GENERAL'S OFFICE, Numbers 52.

Washington, D. C., July 18, 1863.

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

OPINION.

Indians and half-breeds are not citizens of the United States, within the meaning of the enrollment act, unless they have been made citizens by act of Congress, as was the case with the Stockbridge tribe of Indians (See V, Statutes at Large, p. 647); or by treaty, as was the case with "Dancing Rabbit Creek Treaty," by which Chohctaws might become citizens (Article XIV); or by naturalization under some law of Congress.