The daily Evansville journal. (Evansville, Ind.) 1862-1863, 1863-01-12
THE DRAFT.

On the 7th day of July, 1862, the Presi-
dent of the United States called for 300,-
900 additional volunteers. On the. 9th
day Of August, 1862, he called for a Sec
ond 300 900, to be raised by draft, if
enough volunteers could not be procured.
Under each call the quota of Indiana
was fixed by the War Department at 81
$50 men, making 42,500 men. By the
10Th of September both of these calls had
been filed by volunteers, except 5000,
for which number it became necessary
to draft The number of men to be
drafted was apportioned among the town
ships, giving credit to each township for
all the volunteers previously furnished
When the enrolment was completed it
was found that 635 townships had
furnished the number required of them,
leaving the deficiency TO be supplied by
the remaining 334 townships. The quota
of each township was assigned on the
Goth of September, and the draft took
place on the 9th day of October. The
privilege of volunteering to supply the
deficiency was continued up to the
time of the draft, at which time the
number required by draft was re-
duced to 1908, for which number the
draft was made. The draft was con-
Quoted throughout the State without in
terruption or disturbance, except in
single instance, and at the time fixed the
drafted men, with few exceptions, re-
ported themselves in camp for service.
1t affords me pleasure to state these
facts as evidence of the prompt and quiet
obedience with which tile people of In
diana submit to law and the demands of
the Government rr
The Constitution of Indiana provides
that no person conscientiously opposed
to bearing arms shall be compelledto do
militia duty, but such person shall pay
an equivalent for exemption. As the
draft was upon the militia of the State,
all persons included in the Constitutional
provision were entitled to it's benefit
The Legislature had omitted to prescribe
any amount for the equivalent, and AS
sistant Ad,u,ant General Buckingham,
of the War Department, under whose su-
pervision the draft was conducted
throughout the U. s., fixed the sum at
5000, which was supposed to be the ordi-
nary amount required at that time to
hire substitute. The draft was made
under the LIST section of the act of Con-
gress of July 18th, 1862, which author
lied the Secretary Of War, where there
is no State law, or where the State law
is deficient, to adopt such rules and reg
ulations in regard to calling out the
militia as he may deem best.
The whole number who established
their claims to the benefit of the Consti-
tutional provision was 8, l69, as is shown
by the report of the Commissioner. A
portion of these took exceptions to the
plan adopted by Mr.. Siddall, the Com
missioner of drafting, by which it was de-
termined how many, and by whom, the
equivalent should be paid, and to the
amount Of the equivalent itself An APP
peal was taken from his action in the
premises AS the Constitution and laws
Of Indiana make no provision beyond the
fact that persons conscientiously opposed
TO bearing arms, shall not be compelled
TO do military duty, ana as the authority
by which the draft was made was derived
solely from the act of Congress, and the
action Of the War Department, referred
the questions involved at once to the de-
cision of Assistant Adjutant General
Buckingham. After mature delibera-
ton, he decided that as the exemption
was made by virtue of the Constitution Of
the State only, the War Department had
no authority and could confer none upon
the Executive of the State to enforce the
collection of the equivalent, or determine
its amount.
In the correctness of this decision
fully concur, and therefore refer the