as deserters? Does the Government compel the service of men when its demand has ben complied with? Please consult the President and answer immediately."
I answer that the Government treats as deserters only those who make themselves so under the law. It does not compel the service of men when its demand has been complied with; but the fact that a quota may have been filled by volunteers does not purge a drafted man of the crime of desertion, if he has committed it, nor excuse him from being arrested and put into service. I have not thought it necessary to consult the President on these points, but I will refer the subject to the provost-marshal at Chicago, with instructions to conform to the law and orders on reference to the points presented.
JAMES B. FRY,
WAR DEPARTMENT, ADJUTANT-GENERAL'S OFFICE,
Washington, D. C., November 5, 1864.
THOMAS WEBSTER, Esq.,
Chairman Supervisory Committee, 1210 Chestnut Street, Philadelphia, Pa.:
SIR: By direction of the Secretary of War you are hereby authorized to raise one regiment of infantry to be composed of colored men, and to be enlisted and mustered into the service of the United States, for one, two, or three years, or during war. The officers all to be mustered for three or during the war. The instructions heretofore furnished from this office, relative to organization and appointment of officers in the case of other colored regiment raised by you, will govern in this case. The regiment will be known and designated as the Twenty-fourth U. s. Colored Troops.
I have the honor to be, very respectfully, &c.,
C. W. FOSTER,
Assistant Adjutant-General of Volunteers.
WAR DEPT., PROVOST-MARSHAL-GENERAL'S OFFICE,
Washington, D. C., November 6, 1864.
Brigadier General A. S. DIVEN,
Commanding Military District, Elmira, N. Y.:
The following telegram is just received from Major J. A. Haddock, a reliable office now at Buffalo, and is forwarded to you for your information and such action as may be deemed necessary:
I think some troops should be sent here. There enough at Elmira. They can be got here to-morrow noon. Can you not order four or five companies to report here. I think a raid from Canada may be expected. I have reliable information that the advance guard of a force [is] at Fort Erie and Suspension Bridge. The men I have consulted here are the best in Buffalo. I respectfully urge prompt measures.
JAMES B. FRY,
(Send similar dispatch to Major General John AS. Dix, commanding Department of the East, New York City.)