Daily national Republican., 1863-07-28
OFFICIAL NOTICES.
OFF IAL.
"AR DEPARTMkNT,
PRovosr MARsHAL GENERALS OrrI,E,
WAsniNaroF, D. C., July II, 1859.

WAR DErARrMEsr,)
PRovosr MAasHAL GENEHAL's Orri,E,
..,.. wAsniNoroH, D. C., July II, 1859.
Cireuar No. u.
I. Drafted men become soldiers in the service Of
the United States by the fact Of their hnv-
Ing been drawn In tho drsft. The notification,
served upon them by the Provost Marshal, 10
merely an announcement Of the fact and an order
for them to report for duty, at a designated time
and place.
II. The following opinion OF the Hon. william
Whiting, Solicitor Of the War Department, Is pub
llshed for the Information OF all concerned;
"When . person hss been drafted, in pursuance
Of the Enrolment act Of March ., 1853, notice Of
such draft must be served within ten days there
after, by written or printed notice, to be served
him personally, by isdving copy al hh last place
Of residence, requiring him 10 appear at dcsignat-
ed rendezvous to report for duty. Any person fall
ing to report for duty after notice LErT At MS
LAST PLACE OF RESIDENCE, or served on him per-
sonally, without furnishing q substitute or paying
the $780, is pronounced by law to be deserter; he
may be arrested and held for trial by courtmartia
and SENTENCED TO DEATH.
"f person after being drafted, and before re-
ceivinE notice, deserts, the notice may still be
served by leaving 1t at his last place Of residence
and II he does not appear in accordance with the
notice, or furnish the substitute or pay the $780,
he will be in law deserter, and must be treated
accordingly. There 10 no way or manner In which
person, enrolled can escape his public du-
ties, and when drafted, whether present or absent,
whether he changes his residence or absconds, the
rights Of the United States against him are Sc
cured and II 10 only by performance of his duty to
the country that he will escape liability to be
treated a. a criminal.n
WILLIAM WHITING,
solicitor Of the War Department.
JAMES d. FRY,
jy2o-u Provost Marshal General.
|0FF c l A l..
- wAR pEPAnrMEsT,)
Pnovosr MARSHAL GENERALS OrFIcE,
..,.I WAsHISGTON, D. C., July IS, 1859.
Ci eulsr No. 81.
The 4th paragraph Of Circular No. a, issued
from this otice July 70, 1863, 10 hereby modified
20 as to correspond with the following opinion ol
the Hon. william Whiting, solicitor OF the Wal
Department, which will hereafter govern In all
cases In which it Is appiiosbisi
OPINION.
"a person drafted into the military service
Of the United States, under the provisions OF the
act OF March ., 1853, chapter seventy-hve, for
enrolling and calling out the national forces,
and for other purposes claiming exemption from
draft by reason Of any disability as provided In
said act, has the right to have the question Of
his disability submitted to and passed upon by
the Board of Enrolment, whose decision thereon
10 final. II the Board shall have decided that the
claimant 10 liable to serve, he has the tight, aie
such decision against him, to pay his Communication
money, or to furnish his substitute, within sucf
exteRded time as may be fixed by the order Of tn,
Board Of Enrolmsat ior his appearance for duty.
| "solicitor Of tse War Department"
JAMES b. FRY,
jylS-tf Provost Marshal General.