Daily national Republican., 1863-06-23
n F F l G l A L q.

Wan DEPARTMEET,) '
PRovosT MARSHAL GEEERAL's OFT1cE,
WAsHRoToS CRY, June 0, 1859,
The following opinion Of Hon William Whiting,
solicitor OF the War Department, has bean ordered
to be published by the Secretary OF War; .
The nStional forces, liable to perform military
duty, include all Ablt-boded male citizens OF the
United States, and persons OF foreign birth who
have declared their intention to become citizsna
according to law being between 20 and IS years Of
age.
Certain persons are excepted, divided into eight
classes. No persons but such AZ are therein ex-
eepted shall be exempt. (See. ~
1t is declared the duty Of the enrolling otleerS to
enroll all persons subject to military duty, (seo o.
AL persons thus enrolled shall be subject, for two
years after July lst succeeding the enrolment to be
called into the military service. (Sec. ~
The national forces mot now In the military SER
vice. enrolled under the act shall be divided into
two classes. (Sso. A.
Those Of the second class shall not be called out
until those Of the first class shall have been ex-
hAusted.
Thus 1t seems by the true construction OF this
act, that While all persons coming within its pro.
visions ale to be enrolled In the national forces,
ueN ertheless, under the first enrolment, those
who were In the military service az the time the
act ent into effect not TO be included in that
class which is subject to the first draft.
Several provisions Of the statute are Inconsistent
with the idea that persons then in the service
to be treated liable TO draft from the first class.
Thus It 10 provided, in the seventh section, that
regulars, volunteers, militia men, persoas called
into the service under this any other act Of Con-
grcsF were to be arrested as deserters, wherever
they might bo foundry the Provost Marshal, AOd
to be sent to the arest military post thus admit
ting plain distinction between these different
classes OF persons viz: those who were thenln the
service, and those who were to be drafted In.
The same distinction between those who were In
the service and those who were to be drafted In il
recognized in section 49, which provides bOunties
to those who, being then In the service, should
volunteer to re-enlist
The atute, 10 providing for the elAsSd alton ol
troops from which drafts are to be made, enacts ~
follows (scGton 81 That the nation al forces OF the
United Satesj not HoO in The mil tary Srrvee, enrolled
uud,I this act, shall be divided into two classes
thus, those who are now " uhat is to say, on the
81 OF March, 1901 In the military service are moi
TO be Included ia either OF those two classes.
And as those then (Aarch 3Il in the service were
not include in either of these two classes, they
may be said to constitute hird elAIs OF fOrces to
be enrolled under the provisions OF the act.
As between the drst and second classes the law
(Section 81 requires that the second class shall moi
In any district be called into the service OF the
United states until those Of the Hrst class shah
| have been thus tlled in.
Volunteers or regulars who have b. en- In the
service, and who had been discharged therefrom OF
had resigned prior 10 the Sd day OF March, 1859 are
liable to be drafted 10 the same manner as II they
had never been In the service. No regard 10 to b,
paid to their former period OF service, or to tn,
length or brevity Of the period between the date
their discharge and that Of the draft.
Volunteers who were In the service Of the Unitet
States the Sd Of March, 1852 and have since tina
time been isvharged are not, therefore, include,
in the Il st class from which the hFst draft IL In
tended 10 be made, and are therefore not now lla
bic to be called On By draft which Ia TO be mad
hom that class Of the lOrces Of the United State
under the provisions Of this aor.
WILLIAM WHITING,
Solicitor Of the War Department.
JAMES D. FRY,
Jell POvOst Marshal General