Daily national Republican., 1863-06-22
may y23-Im
n F FL c l A L
WAN DEPARTMERr,

WAR DEPARTMENT
PRovoST MARSHAL GENEaAL's OFFICE,
WAsHINoToN CITY, June 0, 1853.
The following opinion Of Hon. William Whiting,
solicitor OF the War Department, has been ordered
to be published by the Secretary Of War;
The nstionAl forces, liable to perform military
duty, include all abc-bodied male citizens OF the
United States, and persons Of foreign birth who
have declared their intention to become citizen
according to law, being between 20 and Is years oil
| age.
Certain persons are excepted, divided into eight
classes. No persons but such as are therein ex-
eepted shall be exempt. (Seo. - .a..-
1t is declared the duty OF the enrolling officers to
enroll all persons subject to military duty (Sec o.
All Iersons thus enrolled shall be subject, for two
years after July LIST suceeedingthe enrolment to be
called into The military service. (seO. ~ .
The nAtloaal forces mot now in the military SER
vice) enrolled under the act shall be divided into
two classes. (seo. s)
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 are to be enroled in the national foroes,
! nevertheless, under the first enrolment, those
who were in the military service at the time the
act went into effect are not to be included in that
class which is subject to the first draft
with the idea that persons then In the service
to be treated liable to draft from the first class.
Thus 1t is provided In the seventh section, that
regulars, volunteers, militia men, or persoaS called
into the service under this any other act Of Con-
gross, were to be arrested as deserters, wherever
! they might be found by the Provost Marshal, d
to be sent to the nearest military post thus admit
| ting plain distinction between these different
classes OF persons Wis those who were then In the
! - laaF
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 bOuntieH
to those who, being then In the service, should
volunteer to re-enliBt.
The statute In prov ylding for the ol
troops from which drafts are to be made, enActs az
follows (seotion 81 mat the national forces OF the
United states not IN tAe md dTy sfrVioe enrolled
under this act, shall be divided into two classes
Thus those who are '.now (that is to say, on the
Sd Of March, 1887 in the military service are not
to be included in either of these two classes.
And as those then (MaFch 3d) in the service wsrt
not included in either Of these two CLASSES, they
may be said to constitute ird olatB of forces tC
be enrolled under the provisions Of the act.
As between the first and second classes the law
(Seoton 81 requires that the second class shall moi
in any diHtriot bo called into the service oil thu
United States until those Of the first class HhAl
have been thus called in.
Volunteers or regulars who have bsen in tn,
service, and who had been discharged therefrom, o.
had resigned prior TO the I'd day OF March, 1862 ART
liable to be drafted In the same mauner as II the!
had never been In the service. No regard Ia to b,
paid to their former period OF service, or to tn,
length brevity Of the period between the date o
their discharge and that OF the draft.
Volunteers who were In the service Of the Unite'
States on the Sd of March, 1858, and have since tina
time been discharged, are not, therefore, includes
in the hrst class from which the first draft is in
tended to be made and are therefore not now liza
BILE to be called on by draft which is to be mad
from that class OF the forces of the United State
under the provisions OF thiSAot.
a.., WILLIAM WHITING,
Solicitor of the War Department.
JAMES d. FRY,
jell PovoBt Marshal General.