The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1863-06-26

The following Omclai ORDERS nave oeeH
promulgated
SgltcE Sntzt WAR DEPARrMENr,H cf I
OFFICE or -PRovOsr MARsHAL-l4ENERAL,S
June 8. 1868.
The following opinion of Hon. William
Whiting, Solicitor of the War Department,
has been ordered to be published by the Secre-
tary of War: a. ,r 54......+-......
The national forces liable to perform military
duty, include all the able-bodied male citizens
of the United States, and persons OF foreign
birth who have declared their intention to be-
come citizens according to law, between TWEEN
ty and forty-fye years of age. Certain persons
are excepted, divided into eight Glasses. No
person but such rs are therein excepted shall
be exempt. CSection q ..,..,-...,.. ..
1t is declared the duty of the enrolling off
GERS to enroll persons subject to military duty
(secton 81 All persons thus enrolled shall be
subject for two years after July 1, succeeding
the enrolment. to be called into military ser
vice (sectiOn 11.) The national forces (not now
in military service) enrolled under the act shall
be divided into two classes, &C., (section B.
Those of the second class shall not be called
out until those of the first class shall have been
exhausted ST.. re- r. 81.
Thus it seems by the true construction of this
act while all persons are coming within its
provisions are 10 be enrolled in the national
forces, nevertheless, under the first enrolment,
those who were in the military service at the
time the act went into effect, are not to be in
Guided il that class which is subject to the first
draft.
Several provisions of this statute are incon-
sistcnt to the idea that persons then in the ser
vice, were to be treated us liable to draft from
the first class.
Thus it is provided in the seventh section
that regulars, volunteers militia men, or per-
sons called into the service under this or any
other act of Congress- were to be arrested as
the Provost Marshal, and TO be sent to the
nearest military post, thus admitting plain
distinction between these different classes OF
persons. viz: those who were then in the ser
vice 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 is recognized in section 49, which
provides bounties to those who being then in
the service should volunteer to re-enlist.
The statute providing for the classification of
troops from which drafts are to be made, en-
acts as follows: (Section Sd That the na-
tiOnal forces OF the United States, not now il
the military service, enrolled under this act,
shall be divided into two classes. Thus those
who are ''now" Chat is to say on the Sd of
March, 1862 in the military service, are not
to be included in either of these classes. And
| as those then March 3D. in the service were
| not included in either of these two classes,
| they may be said to constitute class of per-
! SOILS 10 DE cnrOlleu uluer INC PROVISIONS Oi
| this act.
AS between the first and second class the law
(Sec. b requires that the second class shall not
IN any district be called into the service of the
United States until those of the first class shall
| have been thus called in.
Volunteers or regulars who had been in the
service and who had been discharged there
from, or had resigned prior to the Sd day OF
March, 1868, are liable to be drafted in the same
manner as if they had neve: been in the SER
vice; no regard is to be paid for their former
period of service or to the length or brevity of
the period between the date of their discharge
| and that of the draft.
Volunteers who were in the service of the
| United States on the Sd of March 1868, and
have since that time been discharged, are not
therefore included in the first class, from which
| the first draft is intended to be made. and are
therefore not now liable to be called on by a
| draft. which is to be made from that class OF
the forces of the United States under the pro-
| visions of this act.
| WILLIAM WHITING,
| Solicitor of the War Department.
JAMES b. Fry, Provost Marshal General.