Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1862-08-07
may be so called for, &c, to serve this
State and the United States for the period


State and the United States for the period
Of three years unless sooner discharged,
an The same manner, and upon the same
terms and conditions, as provided in the
preceding sections of this act. The 'pre-
ceding" sections of the act provide for
raising the troops in the same manner
and upon the same terms and conditions
as are prescribed in the act OF the Extra
Session for raising six special regiments.
Do the provisions of these acts apply
to the present emergency Do they meet
the case. They do not certainly, in the
letter, nor do we readily see how they can
be made to by any construction permissi-
BILE, under the most liberal rules applica-
bic to legal Interpretation. The act of
1861, authorizes the Governor to make up
lko'saxseref velsateers called for by the
fsssiSsnt.ieI rye nergency or undsa any
sns CsssTsEs,iE he manner provided
i n: he act CT ne Extra Session. The
President does not call for rolunteerS, but
for draft Of the State militia, as author
lied by the recent act of Congress, for
special service, not exceeding nine months.
The act of the last Legislature empowers
the Governor to raise Uolun teerS, for the
period of three gears. The act is there
fore strictly applicable only to volunteers
required to serve three years, unless SOON
er discharged, and it seems, could not
have been intended to meet such an emer-
gency as the present. Again, the act
provides for no draft, except in case the
regiments called for are not filled by Uok
atateering within fifteen days after the is
suing an order therefor. Should the Sec
rotary of War order the draft to be made
forthwith, this provision of our statute
would stand in the way, if it be held to be
applicable to the recent call. If a certain
number of days be allowed, AS thirty for
instance,-then it may be within the prov
ince OF the Governor to call upon the cit
liens to volunteer for limited period, and
we trust this course may be taken, as we
feel satisfied that. hundreds, if not thou
sands in the State stand ready to volun-
teer in the nine months regiments without
a moments delay. a4ta+e
There is another clause in the act of 1861,
which is dubious and perplexing. 1t is pro-
vided, not that the draft shall be made from
the 4" enrolled militia" but from "citizens of
this State able TO do military duty" and no
provisions are made as to the manner of
making the draft. What is meant by citi-
zens able to do military duty? We know
of scores of men, over forty-fve, who claim
to be able and willing to serve their country
in the field, but who have been deploring
the fact, as they supposed, of their being
incapacitated by reason OF their age. Are
such men liable to draft under our Stat,
laws They certainly are, if the act o
1851 has any application to the prese Mt con-
hngency, and if the clause able to dt
military duty" is to be taken in its natura
and obvious sense, and not as restricted t.
the enrolled militia. The language is not
s such citizens as are liable to do militar,
duty" but such as are " able"
Of course this subject will receive tn,
careful consideration of the Governor an6
his military advisers, and we shall not bt
surprised if the conclusion be reached thai
our State laws are too uncertain and con
flicting to admit of practical application t.
the recent call for 100000 militia men-il
which event, it will become the duty of tn,
President to establish such rules and regula
tons as shall be required to effect draft 0
the quota 10 be raised in Vermont