War of the Rebellion: Serial 124 Page 0727 UNION AUTHORITIES.

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In the case of a drafted man who fails to report and is arrested as a deserter.

Opinion.- The thirteenth section of the enrolling act declares that a deserters of this class when arrested shall be 'sent to the nearest military post for trial by court-martial, unless, upon proper showing that he is liable to do military duty, the Board of enrollment shall relieve him from the draft." The language indicates clearly the disposition to be made of the party, and also recognized his right, if he wishes it, to appear before the Board of Enrollment, and insist upon his exemption.




Washington, D. C., August 27, 1863.


Governor of New York:

Yours of the 21st, with exhibits, was received on the 24th.*

In the midst of pressing duties I have been unable to answer it sooner. In the meantime the Provost-Marshal-General has had access to yours, and has addressed a communication in relation to it to the Secretary of War, a copy of which communication I herewith inclose to you.+

Independently of this I addressed a letter on the same subject to the Secretary of War, a copy of which I also inclose to you.++ The Secretary has sent my letter to the Provost-Marshal-General, with directions that the adopted and follow the course therein pointed out. It will, of course, overrule any conflicting view of the Provost-Marshal-General, if there be such.

Yours, very truly,


P. S.- I do not mean to say that if the Provost-Marshal-General can find our practicable to give credits by sub-districts I overrule him in that. On the contrary, I shall be glad of it; but I will not taken the risk of overburdening him by ordering him to do it.

A. L.


Washington, D. C., August 27, 1863.

Major O. A. MACK,

Actg. Asst. Provost-Marshal-General, Concord, N. H.:

You will in every case notify the Governor of your State in advance, both by telegraph and mail, of the precise day upon which the draft will commence in each of the districts under your change. Direct your provost-marshals to do the same.



(Same to Colonel Alexander, Missouri; Conrad baker, Indiana; Lieutenant-Colonel Bomfort, Pennsylvania; R. C. Buchanan, New Jersey; Captain Clarke, Kansas; Lieutenant-Colonel Darr, West Virginia; Major Diven, New York; Thomas Duncan, Iowa; Lieutenant- Colonel Hill, Michigan; Major Jeffries, Maryland;


* See p. 703.

+ See August 27, p. 728.

++ See August 26, p. 720.