Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1862-08-07
al ! INLAND u rrald.
THURSDAY, AUGUST Z.
THE NEW DRAFT.

The order OF tue iTcslutnt thal urait
500 900 militia be Immediately called
M the service of the United States, to
owe for nine months, unless sooner dis
borged, is issued upon the authority of
n enactment of Congress passed the 10th
July, 1862, the first section of which
as follows:
That whenever the President of the
nted States shall call forth the militia
the States, to be employed in tbs SER
lee of the United States, he may specify
lis call the period for which such SER
Ice will be required, not exceeding nine
oatHs: and tie militia so called shall be
,dsred in and continue 10 serve for and
,linq the term so specified, unless sooner
icbarged by order of the President. IT.
reason of defects in existing laws. or
the execution of them in the several
hates, or in any of them, it shall be found
tcessary to provide for enrolling the mi.
tia and otherwise putting this act into
eecution, the President is authorized in
rch cases to make out necessary rules
BID regulations and the enrolment of
b militia shall in all cases include all
e.bOdied citizens bet,ceen the ages of
1ghtem and torty-fve, and shall be APP
brtioned among the States according TO
leir respective population. t s,...
The State law relating to drafting is
brtained in the ac. of 1914, page $50 of
Compiled Statutes, and in the unre-
kaled portions OF the act of 1912.
Section of the act of 1874 provides
t the Listers in the several towns shall
bill eveTJT, person, liable 70 enrolment,
wween the ages of eighteen and forty.
in their respective towns, ,cho are
members of uniform companies, and
b are required TO correct such rolls an
ly in the month of April. Duplicate
lHH HH 4 tt.-f. "a tala 3
fns Oh these eIrollments are required
be made to the town clerks in the
lth OF Nay, one of which is transmit
N ',ae month of June TO the Adjutant
&eral. Section Of the act provides
! there may be within the bounds OF
h regiment six uniform companies, not
exceed one hundred men each, includ-
officers. musicians and privates. Sec
b 4, which relates particularly to draft
provides that eshould all the uniform
ii panies be called into actual Servtce at
u one time, and 1t shall become necessary
saH out greater number Of men, the
k&u &utant General, under the direction of
BE eCommander-in Chief, shall issue or
eH to the Selectmen of the towns from
Fhch additional men shall be required,
p&ifying the time and place of rendes.
M and directing such selectmen tc
I such quota of men from the enroll
*nilitia as shall be necessary; and he
n also order some General or Field
eer to organize such quota o.
ner &c. .e
are not aware that there has beer
MI legislation in relation to drafting tn,
fla since 1874.
will have been observed that uni
companies do not belong to the zen
By ID militia " under the provisions Q
act above quoted, as required to B
VA by the Seiectmea, and therefore tn
NJ ton arises whether members of suci
panies in this State, constitute com
Fnt part of the militia . within tn
nnlng and contemplation of the act q
sress, which provides that the Presi
may call forth the g militia of tn
es."
Ihis question depends upon the cor
Rcton of section 13 of the act of 1842
+ 632 of the Compiled Statutes, j
hection with the act of 1874. Sectio
pt said act provides that 1.-The activ
TIA of this State shall consist and b
posed of uniform companies, raised {
e, and an all eases shall be first Gale
service, IN case of acar or inUosion, {
event invasion, to suppress riots, Q
q civil officers in the execution of th
OF the State" The provisions {
Ec' OF t842 were modified by the fir
pa he act of 1914 as follows
acts, and parts of acts, requirin
"s0SSsd militia to do military duty
ePealed, ercept IN cases Of insarrsc
Or ''svastoa and as provided il
e'enteen of the act of 1872"