Daily national Republican., 1863-06-24
n F T l Q I A l.
n F F I c I A L

Wan DEPARTMEET,l n
PRovosT MARSHAL GEEERAL's oFFIeE,
WAsHINoroN CITY, June ., 1888.
The following opinion ofHon, william Whiting,
Solicitor of the War Department. has been ordered
to be published by the Secretary Of War;
The nstional forces, liable 70 perform military
duty include all Abis-bOdied male citizens OF the
United States, and persons Of foreign birth who
have declared their intention to become citizens
according to law, being between 20 and % years Of
age. ...,ase o.. ..
Certpin persons are excepted, divided Into eight
classes. No persons but such as are therein ex-
eepted shall be exempt (See. ~ 81
It Is declared the duty OF the enrolng officers to
enroll all persons subject to military duty, (See 81
All persons thus enrolled shall be subject, for two
years after July Ist the enrolment to be
called into the military service. (Seo. ~ 4
The natioOAl forces laot now In the military ser
vice. enrolled under the act shall be DIVIDED into
two Glasses. (Sec. 81 30. .,...
Those Of the second class shall not be called out
until those of the hTt class shall have been ex-
hausted. Do. T ErtE
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 forced.
nevertheless, under the frat enrolment, those
who were In the military service at the time the
act went into effect not to DO included In that
class which is subject to the first dTAft.
Several provisions Of the statute Inconsistent
with the idea that persons then In the service were
to be treated liable to draft from the first olAaS.
Thus it is provided, in the seventh section, that
regulars, volunteers militia men, or perEoas called
into the service under this any other act of Con-
grcBs, were to be arrested rs deBeFteTs, wherever
they might be found by the Provost Marshal, Aad
to be sent 10 the arest military post thus Admit
| ting plain distinction between these different
classes Of persons, Vlzi those who were then the
service, and those who were to be drafted In.
The same distinction between those who were In
thu service and those who wero to be drafted In is
recognized In section IS, which provides bounties
to those who, being then in the service, should
volunteer to rs-enlist.
The statute, in providing for the elAAai of
troops from which drafts to be made, enacts az
follows (seeton 81 That the national forces Of tho
United States; not ROg In tho m ta serBies enrolled
under this act, shall be divided into two classes.
Thus, those who are 'Iow THAT IL to say, on the
Sd OF March, 1861 in the military service not
to be included in either OF these two classes.
And as those Ren March 3d) In the service were
not included in either Of these two classes, they
may be said to constitute hird eaIs OF forces to
! be enrolled under the provisions Of the act.
As between the hrSt and second classes the law
Section 3) requires that the second class shall not
in any diBtrlct 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 have bren in the
service, and who had been discharged therefrom, or
had resigned prior to the 3iday OF March, 1863 are
liable 10 be drafted In the came mAnneT II they
had never been In the service. No regard IL to be
paid to their former period Of service, or to the
length or breviy OF the period between the date Of
their discharge and that OF the dFAft.
Volunteers who were In the service Of the United
States on the 81 Of March sSs and have since that
time been discharged, are not therefore, included
In the nrst class from which the hrSt dram Ia in.
tended TO be made, and are therefore not now La
BILE to be called on by draft which is TO be made
from that class Of the forces Of the United States
under the provisions Of TINS act. -.-.-
WILLIAM WHITING,
Solicitor Of the War Department.
JAMES b. FRY,
Jcll POyost Marshal General