The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1863-07-21

"AH '' W.smru4os. Juig M
cif.uhay No. A..
1. Drafted men become soldiers 10 the
service Of the United Statas by the fact
of their names having been drawn in the
draft. The notification served upon
them by the Provost Marshal is merely
an announcement Of the fact and an order
for them to report for duty At a designa-
ted time and place
2. The following opinion Of the Hon.
VIM. Whiting, Solicitor Of the War De-
partmeni, is published for the informa-
ton Of all concerned When a person
has been drafted in pursuance of the en-
rolment act of March 3 1863, notice Of
such dIat mnst be served within ten
days thereafter by written or printed
notice, TO be served on him personally
or by leaving a copy at his last place Of
residence, requiring him to appear at q
designated rendezvous for duty. After
notice is left, without furnishing a sub
stitute or paying $500, he is pronour ed
by law TO be . desCrter. He may be ar
rested and held for till by court. mar
tial and sentenced to death. If a person,
after being drafted, and before receiving
notice, deserts, notice may still be served
by leaving IL at his last place Of resi-
dence, and, il he does not appear in ac-
cordance with the notice or furnish q
substitute or pay $500, he will be in law
a deserter, and must be treated accord
ingly. There is no way TO escape his
public duties and, when drafted, whetL-
r present or absent, whether he change
his residence or abscond, the rights of
the United States against him are Sc
cured, and it is only by the performance
Of his duty to the country that he will
escape liability TO be treated as a crim-
inal. JAS. b. FRY,
fSigned Provost Marshal General.
BosTos, July 1S,-The Herald's COR
respondent gives the following account
Of the second days lighting on Morris
Island on the morning of JOY 11th {:
The 9th Connecticut and 9th Main made
. furious attack on Cummings Point bat
terry, got pt ssessionof it, and hoisted the
American flag at daylight. sumpter
oIeaed on them, when a Pennsylvania
regiment cOwardly deserted them, re-
fusing to stand by their comrades. The
o'her regiments held the battery until
thsy were badly cut up, and then aban
doned il, when the rebels again took pos
session of IL. These two regiments have
shown themselves heroes in this cam
paign. At 10 A. NJ, the Monitors pro-
ceeded to attack Cummings Point bate
ry, and at IL o'clock three of the wooden
gunboa's opened on the battery at long
range and threw their 2~00-pound shot
directly into the works. Fort Sumpter
has been throwing shells into Morris
Island without any damage TO our side
Thu cannonading ceased at 4 P. M.
The Monitors have been supplied with
fresh crews from different ships.
The iTod-clad Montauk has arrived
from Port Royal. She is over the bar,
making, with the gunboats, fourteen ves-
sells in front of Morris Island and Fort
Sumpter
We shall recommence the attack to-
morrow morning, when we are sure of
silencing Cummings Point battery and
Fort Johnson. Everything is working
well.
The Memphis has Just brought in a
sidewheel steamer laden with cotton.
She was captured try ing TO run out last
night.
Our troops will have their battery done
in two days moro, and then they can
shell Fort Sumpter.
wANDsr'r, iRovosr NAAsnA1 GENERALS oFFicr, /
NAsHISoToN, July IS. /
CircuSar No. 81.
The fourth paragraph of Circular No.
A, issued from this Office July ~, 1868,
is hereby modified so as 70 correspond
with the opinion OF Hon. VIM. Whiting.
The opinion Of the Solicitor of the
Wan Department will hereafter govern in
all cases TO which it is applicable. A
person drafted into the military service
Of the U. s.. under provisions of act Of
March 3, 1868, chapter 81, for the ENROLL
ing and calling out of the national forces
and for other purposes, claiming exemp-
ton from draft by reason of any disa-
hility, os provided in said act, has a right
to have the question of his disability
submitted 20 and passed upon by the
Board Of Enrolment, whose decision
thereon is final. If the Board shall have
decided that the claimant is liable to
serve, be has a right after such decision
TO pay his Communication money or to
furnish his substitute within such time
as may be fixed by the Board Of Enrol
ment for his appearance for duty.
lSignedl JAS. B. FRY,
Provost Marshal General.