The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1864-08-01
MILITARY AFFAIRS.

Important O0ctal Correspondence.
To bis Eceency HoRAno SEYMOUR Governor Of the state
| OF New York
srR-n pursuance Of order Of the 22d OF July,
proceeded forthwith to Washington and after
with the secretary q lhe Provost Marshal General
and Solicitor Of the War Department was requested to
reduce my proposition to writing, which was the
words following
| Hon. n. STANTON, Secretary of War
By areluston from the President OF the United States.
| through yon, upon Governor Seymour, daed July s.,
ls64 he called for twelve thousand m.a from
OF New York. 10 serve not one hundred days
TO be forwarded by rail or steam boat Washington.
some of these troops are now in Wasbingo and the
residue detained by Governor seymour consequence
Of despatch from Provost Marshal General Fry dated
soldier this special should be drafted snail
be credited for the service rendered. but exempt
from dealt during such service.
This decision Of General Fry believed to be erroneous,
and am directed by Governor Seymour confer with
you on tne snnsrt aud to obtain recognition OF toe
exemptiono tue officers and soldiers OF this force from
any draft which may take place in New York while
thew are thus IN the service OF the United States urder
the above call.
The tenth section OF the Amendatory Enrolment act,
passed 2ith q February 1864, expressly exempts from
enrolment s'a persons actually In the military
or naval service Of the United States the time OF the
draft and the twenty seventh repeats much
o the Enrolment act as may be inconsistent with this
Under these provisions respectfully submit that the
militia called by you from the State Of New York by d.
recton OF the President under the foregoing requson
are not liable to any draft which may while they
are in the service, and request that order may be
issued by you TO that effect.
will novdiate upon the evils difficulties which may
result from any disregard Of ENACTMENT,
nor upon the Importance OF prompt response to this
application.
am, very respectfully, your obedent servant.
CHAs. W. SANFORD
This letter referred by the Secretary to the So
lcitr Of the War Department who, the Goth OF July,
made thereon elaborate report OF several pages the
only part whereof important to the question is
contained in the following opinion with which IL Closes
vzs8y the construction Of the act those persons
only who shall be actually in the service or the United
the time when their respective names shall DO
drafted win be exempted from that draft, II such
emption shall Be duly claimed"
With copy OF this report and opinion l received on
Tuesday night letter from the War Department as fol-
lows
WAR DEPARTMENT WASHINGTON Cry, July %, 1864
York State Militia
GENERALITY direction OF the Secretary Of War / On
close TO copy OF the opinion Of the Solicitor OF the
War Department upon the subject referred to in your
letter to the Secretary, who directs me to say
comedies in the views Of the law taken by the Solicitor
and thai should any OF the New York militia, mustered
drafted while IN the service claim exemption that
ground, the case will be determined accordance
the tenor Of the act Of Congress interpreted by the
Solicitor In the aforesaid opinion.
The Secretary further directs to say that, the
rights Of militia in the service at the time the
are defined by the act OF Congress. he conceves 1t
necessary for the Department TO make any order the
subject until some claim or real controversy shall
arise.
Tam, General, very respectfully, your obedt serv't
c. A. DANA, Assistant Secretary OF War.
All Of which is respectfully submitted,
CHA W. SANFORD, Major General