War of the Rebellion: Serial 124 Page 0634 CORRESPONDENCE, ETC.

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BUFFALO, N. Y., August 6, 1863.


Governor of New York:

DEAR SIR: As I promised you I would, I visited Washington and conferred with the authorities relative to the subject of our conversation. The executive officers of the Government, in execution of the laws of Congress, will do nothing to assume that these laws are invalid, particularly as in this case they entertain no doubts as to the constitutionality of the law providing for the draft. They would be glad, at the same time, where doubts exist, to have the parties entertaining them satisfied without embarrassing the operations of the Government.

The course suggested at our personal interview, to reach an adjudication that should be final and satisfactory, is the only one that occurs to me, and I hope will be resorted to.

On application for the writ of habeas corpus directly to one of the justicies of the Supreme Court, if the applicant simply states the ground for applying for the writ to be the invalidity of the law under which he is held, the justice would, in granting or denying the writ, have but the single question to pass upon, and would, if counsel was to be heard, give time and place for hearing.

The question can thus be put at react, and I sincerely hope you will advise this course to be adopted by those who want to contest the validity of this act of Congress, as I should regret to have anything occur in the State of New York that could delay the re-enforcement of an army composed so largely of her own devoted men.

I am, Governor, very sincerely, your obedient servant,


Actg. Asst. Prov. March General, Western Division of New York.

[AUGUST 7, 1863.-For General Orders, Numbers 274, War Department, Adjutant-General's Office, fixing the maximum amount of transportation to be allowed in the field, see Series I, Vol. XXIX, Part II, p. 14.]


Washington, D. C., August 7, 1863.


Asst. Adjt. General, Adjt. General 's Office, Washington, D. C.:

MAJOR: I have the honor to inform you that orders for draft have been sent ot the boards of enrollment in the following States and districts on the dates mentioned below:

Date State Districts Number of men

Aug. 6 Pennsylvania Sixteenth 2,267

6 ..do... Seventeenth 1,985

I am, major, very respectfully, your obedient servant,


Assistant Adjutant-General.