War of the Rebellion: Serial 124 Page 0574 CORRESPONDENCE, ETC.

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but with professional men strongly against your interpretation of that clause of section 13, "Act for enrolling and calling out the national forces," in which drafted men are allowed to pay a sum to be fixed by the Secretary of War for the procuration of an acceptable substitute. I desire to lay this matter before you at this time because I feel satisfied that the 50 per cent. added to the number required to berated under the late call of the President of the United States will not supply the number exempted for various causes, thus rendering another draft necessary. Should my opinion prove true, there is almost a certainty that some one of those who have paid the sum of $300 and received an exemption certificate will be drafted under a new drawing. Should this be the case, it is well understood that application will be made for redress and discharge to the proper civil tribunal. A writ of habeas corpus would be obtained, and I have no doubt as to the result. I deem it my duty to apprise you of these facts, that you may anticipate every trouble and perplexity that may arise in this way.

Very respectfully, your obedient servant,

W. SILVEY,

Captain, First Artillery, Actg. Asst. Provost-Marshal-General.

HEADQUARTERS DEPARTMENT OF THE NORTHWEST,

Milwaukee, Wis., July 26, 1863.

Colonel S. MILLER,

Commanding, Saint Paul, Minn.:

COLONEL: I have received a letter from the Governor of Minnesota expressing apprehension of a riot in Saint Paul in the event of a draft being made under the conscription law, and requesting that military force be at hand to prevent or suppress it. You will accordingly take means quietly to assemble such a force as will be sufficient at Fort Snelling or elsewhere at your discretion, and in the case of a demand upon you by the Governor, you will use it vigorously in quelling any riot and in protecting the U. S. officers in the performance of their duty. In using the military for this purpose you will be careful to do so as far as possible in accordance with the civil law in such cases, being guided to a great degree, and except when Federal officers require immediate protection, by the advice and wish of the Governor.

I am, colonel, respectfully, your obedient servant,

JNO. POPE,

Major-General, Commanding.

BOSTON, July 26, 1863.

Colonel FRY:

MY DEAR SIR: It is reported that colored persons are not received as substitutes for white persons under the conscript act. If this be so I am at a loss to understand by what authority.

It was a part of the glory of this act that it made no distinction of color. If any such distinction be made under it, I cannot consider it otherwise than an interpretation utterly without sanction. It would follow therefore, first, that a colored substitute can be taken as well as a white substitute. Indeed, a substitute is a substitute whether black or white. Indeed, a substitute whether black or white. Second, that all persons drafted must have the same pay. Here again there can no distinction of color.