War of the Rebellion: Serial 125 Page 0546 CORRESPONDENCE, ETC.

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July 25, 1864.


Augusta, Me.:

This is authority from Secretary of War for you to raise companies to fill regiments reduced and consolidated under Circular 36, current series, from this office. Please advise me how many such companies you desire to raise. It is proper to add that upon the recommendation of the commanding general of the Sixth Corps the remnants of Fifth and Sixth Regiments have been consolidated with your Seventh Regiment. Order for same now on way to you.


Assistant Adjutant-General.

NEW YORK, July 25, 1864.

Honorable E. M. STANTON:

Why not permit regulars on duty in forts and places jurisdiction over which is ceded to Federal Government to re-enlist for the credit of any State at their own election, just like regulars serving in the field or District of Columbia. Now, even Massachusetts citizens, of re-enlisting, must, by accidentally serving in certain forts, be denied to Massachusetts" quota against their will.



WASHINGTON, July 25, 1864.

Honorable E. M. STANTON,

Secretary of War:

By a requisition from the President of the United States through you upon Governor Seymour, dated July 5, 1864, he called for 12,000 militia from the State of New York to serve not more than 100 days, to be forwarded by rail or steam-boat to Washington.

Some of these troops are now in Washington and the residue are detained by Governor Seymour in consequence of a dispatch from Provost-Marshal-General Fry, dated July 21, 1864, in which he states "if any officer or soldier in this special service should be drafted, he shall be credited for the service rendered," but is not exempt from draft during such service. This decision of General Fry is believed to be erroneous, and I am directed by Governor Seymour to confer with you on the subject, and to obtain a recognition of the exemption of the officers and soldiers of this force from any draft which may take place in New York whilst they are thus in the service of the United States under the above call.

The tenth section of the amendatory enrollment act, passed 24th of February, 1864, expressly exempts from enrollment and draft "all persons actually in the militia or naval service of the United States at the time of the draft," and the twenty-seventh section repeals so much of the enrollment act as may be inconsistent with this amendatory act.

Under these provisions I respectfully submit that the militia called by you from the State of New York, by direction of the President under the foregoing requisition, are not liable to any draft which may occur whilst they are in the service, and I request that an order may