The evidence of being mustered in is the muster-in-rolls on file in the Adjutant-General's Department, and the list of names is required for comparison with these rolls.
By this means it can be ascertained whether a town can justly claim to have actually furnished an excess, and I must beg of you to notify all interested that the case must be so made up and presented to you before I can act upon it.
Justice to the right of the Government as well as to the interests of towns requires that in none but clear cases should exemptions be allowed, and the burden of proof certainly rests upon the parties who will be benefited.
I am, sir, very respectfully, your obedient servant,
JAS. B. FRY,
WAR DEPT., PROVOST-MARSHAL-GENERAL'S OFFICE,
Washington, D. C., August 5, 1863.
Major A. S. DIVEN,
Actg. Asst. Provost-Marshal-General, Elmira, N. Y.:
SIR: Honorable A. Ely and Mr. Cohan have called upon me in reference to making allowance for the excess f men furnished from certain parts of the Rochester district, and have asked that the draft be deferred there for six days. I have declined to postpone the draft, but tell them that the days for drawing and the interior operations connected with it are under your control. This letter is written at their collocation.
I am, major, very respectfully, your obedient servant,
JAS. B. FRY,
OSWEGO, August 5, 1863.
Colonel JAMES B. FRY:
The drafting commenced yesterday; is now nearly completed. Everything going on harmoniously.
Major, U. S. Army, Actg. Asst. Provost-Marshal-General.
HDQRS. PROV. March, FIFTH DIST., STATE OF NEW YORK,
429 Grand Street, New York, August 5, 1863.
Colonel JAMES B. FRY,
COLONEL: I have the honor to inform you that since the burning of my headquarters by the mob on the 13th of July I have been able to make no progress with my enrollment lists, in consequence of my inability to secure quarters in the district, the owners of property being averse to letting their premises for our purposes, not from any disloyal feeling to the Government, but fearing there may be a repetition of the scenes of July.
In my opinion these fears are groundless. By permission of General Canby I am now employed with my men in finishing up my