Smyrna times., 1865-06-07
COMMISSIONERS OFFICE,
NlLMINGToN, DELAWARE,
April 4th, 1865.
Hon. EDWIN VI. STANTON,
Secretary of War.


April 4th 1865.
We, the subscribers, John Farson James c.
NAPLES and Mai ior w. Allen, Commissioners of the
State OF Delaware and disburscrs of the appropra-
ton of the Legislature for the benefit of volunteers
and drafted men, by virtue of an act entitled "An act
to relieve the people of the State from draft" passed
at Dover February 6, 1865, respectfully represent
lhat IN pursuance of said act entered upon our
dutles-an arrangement, which had been existence
under previous laws for about Il year. with Captain
Wilmer Provost Marshal of Delaware was bv mu
tnal consent, continued whereby he agreed fill up
certain blanks, furnished by this board certifying to
facts, under our law, necessary for the proper dis
burscment OF the aforesaid fund. During the filling
oil the present quota, there was, believe, at
tempt by certain substitute brokers' to evade the spi-
rit and intent of the said law, viz by drafted mcn
becoming substitutes for each other In tn, eases,
for our own security and for the true performance
of cur duty we refused, for the time being TO pay
the State aid until legal advice could DO obtained as
to the proper construction of the law.
Upon this refusal Capt. Wilmer, Provost Marshal,
opened correspondence with this Board which
| respondence is now in the possession of Gen. Fry
from which he Capt. Wmer) by a forced, and as
believe a sought for construction, complained
that there had been "recction upon the honor and
integrity of the Board of Enrolment which we pos
itvcly deny and aver that no such intention could
be reasonably inferred from such communications
and returned to this Board the blanks heretofore fur
nhed them, and refused to give said certificates tc
tins Board. We may here say that upon cOnsulta-
ton with two eminent lawyers of this State we have
received written opinion from them, fully sustain.
ing US IN our course and advising us, that under
proper and legal construction of the law under which
we act we were not authorized to draw warrants oil
the treasury in the above named
The returning of the certificates, as above men
toned, did not materially affect the action Of th
Board. We continued to pay upon affidavit at
tached to true copy Of the certificate of exemption
furnished by the Board of Enrolment.
On Saturday last, for the further purpose, as ",
believe, to prevent the action Of this Board tn
Board of Enrolment, at the instgation, and by tn,
order, we believe, of Capt. Wilmer, presiding Off
Ger of said Board Of Enrolment, refused positively
to give to a drafted man furnishing an acceptable
substitute certificate of exemption, (beng form &c
3O3 blank tnrms), 10 which certificate we believe tn
said drafted person furnishing an acceptable sub
stitute is justly entitled, (and which heretofore ha
always been given if not by direct order of your De
partment, at least by all right and custom.
ms last order and refusal on the part of Cap
Wilmer, Provost Marshal, is deterring to some ex
tent the furnishing OF substitutes, and is producing
want of confidence in the authorities among thos
who having furnished substitutes, have been refuse
their proper exemption papers; which will necessar
ly impede the operation of the lIps, both Fedora
and State
, These facts respectfully submit for the consid
Grafton of the War Department, believing that an in
vestigation ordered by said department will result
compelling Capt Wilmer, Provost Marshal to issu
the proper certificate of exemption to any drafle
person who shall furnish an acceptable substitute
We are, very respectfully,
Your obedient servants
(Signed) JOHN FARsoN,
JAMES G. WArIEs, 0G.,,.s' s;",n.s
NJ. w. ALLEN. S'"heIS'
To Hon. EDwIN NJ. STANTON,
Secretary of War.