Democrat and sentinel. [volume] (Ebensburg, Pa.) 1853-1866, 1863-10-07

from its provisions, an opportunity of es- c
Gaping it. If every male in the district /
were enrolled, an exempt could only be L
relieved on his application at'the proper I
place, in pursuance of the 18th section OF 6
the act. Hence it is the interest Of those
who come within the provisions of any /
of the cXemI ,rons N the act, to be en- /;
rolled.
All the officer has do is 10 enroll the
names and ages. 1t is no difference how
he procures them. And the very fact OF
any citizen refusing TO give his name or
age would of course be taken most /
strongly against him. And if a person
seventy years of age should refuse to give
his age, he would be compelled to travel
some 60 miles, (the distance to the place
of draft, in the present case,) to procure
his exemption, or stand, under the very
terms Of the act, as a deserter, and liable
to military punishment as such.
There is nothing in the law requiring an |
officer to call upon each person for his |
name and age-nor even to visit each !
house Nor has any such practice OBJ |
tanned under the law. In the very case
now before the court, the prosecutor
swears that he did not pretend to do so :
and vet he enrolled Joseph viii, ard
every other person liable to military duty
, in his district
, We repeat, then, that portion of the
> act relating to enrollments, is for the pur-
: pose of making the draft less cumbersome,
= in relieving from its operation such as
were plainly not subject to its provisions;
/ and, at the same time, enabling those
: who were palpably exempt, from the
:. trouble and Inconvenience of appearing
n before the board of enrolment, on notice,
to undergo an examination and hence no
: penalty was required.
d Besides the enrolment did not neces-
il sarily require that the subject of it should
IS ever be drafted. He nught, some day, be
is subject to draft, and he might not.
10 Every thing depended upon future contin-
re cencies. that might not arise. In short
d every body was to be enrolled-a speci-
fled number might be drafted. The en-
,e roilment left every many where he was,
e. minding his own business the draft took
hi the citizen, his parents, his wife, or hi:
al children Hence, Congress might wei
IL consider the enrolment able to take care
ch of itself: while the draft should be re
he garded with severe penalties.
at The practical working of the law win
at dicates this intention in the enactment
full In all the State not in rebellion, the en-
- rollment has been already made and per
on fected and there has been no seriou
lc- difficulty anywhere in carrying out tn
of provisions of the enrolment +; and, henc
an il is that court is called upon, for the tirs
in time, to construe the act. The Ne'
"a York riots were not the result of the er
lat roIImcnt. but to prere7t tie dTajt. An
it'll the only case on the subject that we al
iu- acquainted with, is that decided by Con
be missioner Osburn of New York, VIII
Of tales the same view Of the case we hav
be done, aud decides that the penalty PR
nal scribed IN 25th section, refers to draf
and not to enrolment. Even in the ca:
i'm ! of the HEsSEs before this court, at
the late session, the defendents seemed to e.
ms. pect something else Than an enrolment, b
as cause the case showed that they had l
liar nerson connected with them subject 10 Il
to provisions of the draft.
oIt. Were it otherwise, however, 1t is
ton subject of congratulatlon that the de'
the sion of this court can do no harm, as
ting enrolment has loug since been compete
let and before announcer SiiIO4lNIohI Oe'ii ~
on: ouired. which is not till 1865, Congrt
en- will have ample time TO impose pena
for % obstructing the enrolment" II tn
de- deem it necessity.
seph We assert, then, that no properly
may pointed and prudent officer can have {;
they difficulty in enrolling his whole distrl
rrest In Cambria County, there are about
,ner. dozen districts, with a correspond
pose number of enrolling officers, and the o
from difficulty that has occurred, is this
tself, Chest S prings Borough. There is an
V for noxious provision in the law, Cat least
.lieve people, who are nearly all poor, think
but until it is removed from the stat
pen book, by repeal, or declared unconst
the tional by the proper tribunal, it Will
how religiously observed by cur people
inert An unpopular officer frequently. rem
and q law odious With us the districts '
t for mostly supplied with returned soldiers
: the enrolling officers. In Chest Springs,
,nalty the adjoining districts, the officer was
fresh from the battle field, but fresh
whole the State of Maine. He was not
led no zen of the district, county or State ;
lent" being evidently subject TO military
at all himself, it was supposed he had lett
. Ma tn avoid enrolment or draft there,
,e en- He testified, as your Honor's notes
over show. that be had no trouble IN ms
" ex the enrolment, and that he had