No person so enlisting is to be credited to any quota unless he is "liable to service" under the enrollment act, whether he has or has not been enrolled. Thus, if an alien, just landed in a sea-port, is erroneously or improperly enrolled, he owes the Untied States no allegiance, is not, against his will, liable to military duty, and if he enlists in the Navy cannot lawfully be credited to the qouta of the town where he happen to enlist. So, if a citizen, who by reason of his age or for any other cause is not liable to military service under the laws of the United States, should be by error enrolled, and should then enlist in the Navy, he cannot be credited to any qouta, because the law allows credits only for seamen who are "liable to service" under said act.
When such credits are to be given they must be given to the towns, wards, &c., were actually liable to duty under the enrollment act."
The three questions of your letter are therefore to be answered as follows:
First. A person enlisting into the Maine Corps or naval service of the Untied States who is (according to the provisions of the act of March 3, 1863) liable to military service, whether enrolled or not-if he might be enrolled-is to be credited to the qouta of the place where he was liable to military service.
Second. Persons not liable to military service, whether enrolled or not enrolled, should not be credited to any quota.
JAMES B. FRY,
WAR DEPT., PROVOST-MARSHAL-GENERAL'S OFFICE, Washington, D. C., March 23, 1864.
Major W. H. SIDELL,
Actg. Asst. Provost-Marshal-General, Louisville, Ky.:
Can you not,by sending your deputies, your assistants, and visiting yourself the different district, hasten and secure the enrollment of slaves as required by law? I fear the provost-marshals waste time in finding enrolling officers. The commanding generals will doubtless give you sufficient military force on application.
JAMES B. FRY,
HEADQUARTERS DEPARTMENT OF THE MISSOURI, Saint Louis, March 23, 1864.
Honorable E. M. STANTON,
Secretary of War, Washington, D. C.:
SIR: The system for recruiting negroes in this department prescribed by General Orders, Numbers 135, of which a copy is inclosed, * had the approval of the President, and when properly enforced, as it will be if I retain command,works well. Inclosed is an order from General Thomas,+ which nullifies this order and places the supervision of the whole recruiting service and its mode of operation on an entirely different basis. I refer these two orders to the Department for instructions as to which system shall be proffered, with the following:
General Orders, Numbers 135, is full, explicit, and provides for a proper supervision of the recruiting service by provost- marshal who, being spear over the State and constantly acting as conservators both of the public interests and private rights, can better watch and punish unlawful hindrances of enlistments and fraudulent attempts to put upon the Government crippled, infirm, or unsuouind slaves, as well as better preserve peace and order. As soon as I can get proper assistant provost-marshals and send them some of the approved
*See Vol. III, this series, p. 1034.
+See Orders Numbers 8, of March 11, 1864, p. 165.