New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-08-05

OfBcial Opinioa ~ - tho Huudres'D"s


| Men.
Special Dsps.ch to The N. Y Tribune
WARRINGTON. Thursday, Aug. 4. ieos.
The following is verbatim copy OF the opin
ION Of the gon. VIM. Whiting. Solicitor OF the wa
Department, which was inclosed 10 Gen. Sandforu
NewYork, Ala,ive TO the exemption OF the one bnnd
red days volunteers from the draft. This opinion hav
ing been promulgated by the Secretary OF War as gov
erning tbs future action Of the War Department ap
pcable TO theother States who furnished troops under
that call 1t viii 30 seen at once that the errors o.
Gov. Andrew 4 Massachusetts, as well as Gen. Send
ford Of NewYsrk, pointed out and corrected Tho
opinion win read with interest by all rs II eeots
the interests nearly so ooo men who arc serving OIL
ess about to srye under the one.hundred days calls
OPINION.
On the 5th d July inst at time OF great public
danger the President of tie United States, under the
authority vestt in him by the act Of February 2s l79a
Issued the olwins call the Governor OF the State oi
New.York f H. 60 Of the militia Of that State. TO be
mustered ntotho service Of the United States for
term not exceeding one hundred days
WAR IerAaIagST WASHINGTON, July 5, 1854.
His EIesileHo HoRATIo SEYMOUR Gor1R0r OF Nfo'
YORK. Albay. kae York.
Tie President directs me 70 INFORM you that Rebel
force, yaIioUy estimated at from fifteen T. twenty
thousand ne. have invaded the state OF MAJ! Iaha,
and have tain MGrtinsburg and Harpers Ferry. and
are Threatening other points that the public safety re-
qnircs him call upon the State Executives for mill
tia force to rcpel this INVASION lie therefore directs
mo 20 call you Cor militia force Of twelve thousand
men from yqr State 20 serve not than one hlnd
red dnys to request that you viii with the utmost
dispatch forward tie troops 10 Washington By rail- or
steamboat a,msy be most expeditions.
Please fsv0 me with answer at yonr earliest con-
venience III wIs NJ. STANTON. Secretary ~ War
On July 81 Con- Sanford issued and published the
Hpons lsr DIVISION ". Y. g ". O.
YORK, July q. le6i.
GENERAL )IDYR. No 6.-1he najOrGenerL pub
llsbes for thu Information u this command the follow
1864 enttld IAN act 20 amend an act for enrolling
and cangDut the National forces, ard for other pur
rScr,os, Be rarther enacted Tn. the fOiowinrp-r
be aud they hereby exempted rom eDro met; ,nd
ar.n under pIs,cn' o. h ,na f.s',.s :.
iesy msn.y inf: for he ~Ivo. al pg.on, acany n
eClls d,aJ I'D al persons who have 'arv,d In the military
Or n.v, ,eIy two year, during The pre.su. ~ and sssi
are herein ~smped shall be exempt
II will b,pefce,cd BY this section that the members
OF those reimsns ordered on duty when nssred into
ts seyrics hx Unged Safos for loo days ria BE- En-
spp,,d trV~ tls dram r1tA 70 10 BE- node IN SPtemb0
n.s< The egment- esgrated In Division Orders No
2, forming part Of the quota OF this state under the
rre.dcn;' cal for ~ 90 mi,s 5rg ,ss STATE are
embark foihwth for Washington Those refusing or
neslectins sIn be dsbandsd. By order OF
Arrx. HAxILfos. Division Inspector
OficinI Ca,RiEs W. DAZZLING. A. u Z.
At the present. date. July ~ 1t 10 understood that
these mii!s except two regiments, heretofore mus
tered In are withheld from service BY order OF the
Goycrtorf Ses York, Ia consequence Of an objection
10 decis,n II the Provost Marshal General that these
uitisDe not b. reason OF their being mustered In
- the se,lca exempted from the draft ordered to
tale pac, the sih dly OF September neat, and from
tine 10 tie thereafter until tho quotes required shall
b. Hlied
York 10 nrely Theoretical and may never become OF
the least Practicable importance, Is apparent from Tho
Toll ~ In < 'ons craiionsi
Alihonh IL Il eleer that by tho ioih section "a the
cay or mentally unfit for the service. all persons &C.
tualy IN the military CT naval service OF the United
States at he time Of the drsn and all persons who
have served In the military naval service two years
during the PRESENT war and have been honarably dis
charged thscfroin. viii 10 exempted from The dran
yet The QUESTION Of exemption Of the hundred days
r-Htia Of E,w.Yofk win not arise. and no claim for
such exemption be- made urder the act unless the
soldier claiming the exemption shah be actually In the
military seTies of Ito United States at the stn< e As
6ran
Question. q exemption BY reason Of mental or ply.
s snissss - ~ two year. service snd hoa9r
service, must be settled according 10 tbs side
facts the time when the questions arc 10 be decided
The militia Of New. Y0ik having been called to meet
an emergency for terra not exceeding 100 days may all
be discharged from service before the dram sha
sctuslly take place; they may be discharged ~ any
time by the President and he Is not bound TO retain
their services any longer than the pubic necessity 10
quires them.
II tho dram ordered the 5th Of September should
be postponed. not plsted that day. no ques
ton u exemption rise except when thu person
claiming exemption Is IN th. military service OF the
United Staes at the time when he shall be personally
draRed.
No draft VIII be required Of New.York II that State
shall fill its quota with volunteers Hence for this rem
sou the question may be purely theoretical one 30
also 1t viii 10 borne Ia MIND the exemption from draft
il personal privilege 10 be used by and for the beneht
only Of the person dr.ftei he may prefer TO waive HIS
pton and 10 remain in the service The question
Of the night exemption arises only between the Gov.
eminent Of tho United States and the individual con-
cerpej.
The statement Of tho law by Gen. Sandfcrd In the
General Orders above cited IL founded on misappre-
henslon o. the meaning Of the statute IL is erroneous
10 say tha, the members Of those regiments now mus
tered duty. rhsn rHHssd into ~rriee by the United
States 70. hundred days rtH be eIsnPssd from the
drsf eAi& 10 TO be wade In September next" But by
tho true construction Of the act those persons only
who sbaL be actually In the sros Of us Usitsd Sutss
at tie tine phtn their rtspeeps shall be drafted, vii
be ereurtd trots hai drs II such exemption shah b.
duly claimed.
Very respectfully. your obedlent servant.
VA WHITING. Solicitor Of the War Department
Success OF steneman's Baid-Defeas Of
Wheeler.