First District, 532; second, 456; third, 502; fourth, 435; fifth, 400; sixth, 460; seventh, 442; eighth, 361; ninth, 507; tenth, 448; eleventh, 407; twelfth, 465; thirteenth,425; fourteenth, 407; fifteenth, 405; sixteenth, 413; seventeenth, 378; eighteenth, 429, and the nineteenth, 437 men of the first class.
NASHVILLE, TENN., September 12, 1863.
Hon. E. M. STANTON:
I am directed by Major-General Rosecrans to ask: Can slaves of loyal citizens of Tennessee be enlisted in the army without consent of their masters? Will all enlisted men be free men at the expiration of term of their service? Do non-commissioned officers in colored regiments receive higher pay than privates? If so, how much? Send answer to Saint Cloud Hotel, Nashville.
GEO. L. STEARNS,
Major and Assistant Adjutant-General.
WAR DEPT., PROV. March GENERAL'S OFFICE, No. 82.
Washington, D. C., September 13, 1863.
The following opinion of Colonel Joseph Holt, Judge-Advocate- General, is published for the information and guidance of all officers of this Bureau:
In the case of a drafted man who, having failed to report, is arrested, and then claims to pay communication or furnish a substitute.
Opinion.- If he fails to report himself and is arrested as a deserter he has still the right to go before the Board of Enrollment and prove that "he is not liable to do military duty;" but if, on hearing his claim to exemption, he is held to be liable, he cannot escape personal service. He is, also, under such circumstances, subject to be proceeded against as a deserter.
JAMES B. FRY,
NOTE.- Amended Circular.- The one of the same number previously issued to be destroyed.
WAR DEPARTMENT, Washington City, September 13, 1863.
MR. PRESIDENT: I have the honor to submit herewith a letter of the Provost-Marshal-General of this date asking instructions in regard to the proceedings of State tribunals in the State of Pennsylvania in the discharge of deserters and the exercise of jurisdiction over persons held in military custody. There appears to be an evident design on the part of some individuals holding judicial stations in different States, including Pennsylvania, to exercise their powers in hostility to the General Government in its efforts to repress the rebellion, and especially with the view of preventing the operation of the draft and encouraging desertion.
The Provost-Marshal-General inquires whether the interference of State courts with persons held in military custody shall be acquiesced in or restricted by force. The gravity of this question imposes upon me the duty of submitting the matter to your consideration for such instructions as you may be pleased to give in the premises.
I have the honor to be, very respectfully, your obedient servant,
EDWIN M. STANTON,
Secretary of War.