War of the Rebellion: Serial 125 Page 0440 CORRESPONDENCE, ETC.

Search Civil War Official Records

Second. The order was issued without the knowledge of this Bureau, and, so far as I know, without the authority of the War Department; in fact, it is a violation of the rules of the War Department for the commander of a military department to issue orders affecting the recruiting service. General Dix, therefore, had no power to issue such an order.

Third. In my opinion the order of General Dix is in conflict with the laws of the State of Connecticut. By administering the law without the order was procure many recruits there whom we would not otherwise get. Some of them may be swindled, it is true, but if the order is enforced we will not get the men, which is the point to be looked to.

Fourth. I recommend that General Dix by informed that, on consideration of the whole subject, his order is considered prejudicial to the interests of the recruiting service, and that he be desired to revoke it.

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

JAMES B. FRY,

Provost-Marshal-General.

[Sub-inclosure Numbers 1.] STATE OF CONNECTICUT, EXECUTIVE DEPARTMENT, New Haven, June 17, 1864.

Honorable E. M. STANTON,

Secretary of War, Washington, D. C.:

SIR: I have the honor to represent that in order to comply promptly with the requisition which the President of the United States has made upon the State of Connecticut for troops for the service of the General Government, the General Assembly has provided by law for the payment of a bounty to volunteers in the following words:

There shall be paid the sum of three hundred dollars from the treasury of the State by the paymaster-general to the order of each non-commissioned officer, artificer, or private who shall enlist and be mustered into the service of the United States.

That on the 2nd day of May last Major General John A. Dix, commanding the Military Department of the East, issued an order to the provost-marshals in the several Congressional districts as follows:

Provost-marshals are directed not to allow any part of the bounty money due to a recruit to be paid to a broker or otherwise diverted from the hands of the recruit himself by any assignment, either verbal or written, such assignment being considered fraudulent, as given without consideration. Provost-marshals will in all cases determine that the recruit himself is the only person entitled to receive the bounty money.

That the order above recited is in conflict with the laws of Connecticut, constitutionally enacted, obstructs their execution, and interferes with the plans, purposes, and efforts of the State to obey the requisitions made by the President for troops.

That in a correspondence between this department and Major- General Dix, copies of which are herewith presented, he has been respectfully requested to revoke or modify such order so that it shall not interfere with the execution of the laws of the State. And instead of complying with the request the aforesaid Major- General Dix, as will be seen by the correspondence referred to, takes the position that he is justified in putting his construction upon the law aforesaid and in determining the intention of the General Assembly in passing the same, which construction and intention he declares to