Daily national Republican., 1863-06-25
n F F l c l a L =.
may28-Iui

PRUNo MARSHAL GENERAL's OFIICE,
WASHIS0ToS CITY, June 0, 1868 \
The following opinion Of Hon. William Whiting
Solicitor OF the War Department has been ordore,
to be published by the Secretary Of War:
The national forces, liable to perform militAr,
duty include all abC bodied male citizens OF IN,
United States, and persons OF foreign birth who
have declared their intention TO become citizen,
according to law, being between 90 and IS yeArs oil
age.
Certain persons are excepted, divided int eight
classes. No persons but such rs are therein ex,
cepted shall be exempt. (Scc. ~
It's declared the duty Of the enrolling o1iceTs Ia
enroll all perIOns subject to military duty, (Sec o.
All persons thus enrolled shall be subject, for two
years after July lst succeeding the enrolment to be
called into the military service. (Sec. ~
| The natlonhl forces mot now in the military ser.
vice. enrolled under tho act shall be divided into
two classes. (Sec. 9)
Those OF the second class shall not be called out
until those Of the FIRST class shall have been ex-
hAuBted.
Thus 1t seems, by the true construction of this
act, that while all persons coming within It's pro.
| visions are to be enrOled in the national forces
nevertheless, under the hrst 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 nrst draft.
Several provisions Of the statute AT Inconsistent
with the idea that persons then In the service were
to be treated as 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-
grGss, were to be arrested rs descrtcrs wherever
they might be found by the Provost Marshal, a d
to be sent to the ne TeSt military post thus admit.
ting plain distinction between these different
classes Of persons Viz: those who were then In 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 GRATED in Ia
recognized in section IS, which provides bounties
to those who, being then In the service should
volunteer to re-enlist.
The statute, in providing for the classification of
troops from which drafts are to he made enaotS as
follows (sCctou 81 That the alton Il forces Of the
United SaeB; not HOD IN ne military SGrvice enrolled
under this act, shall be divided Into two classes
Thus, those who are now Chat is to say, on the
Sd OF March, 1885, in the military service not
to be included in either OF these two classes
And as those hen (AIarch 3lJ in the service were
not included in either Of these two classes, they
be enrolled under the provisions ofthe act
As between the fret and second classes the law
(Secton 81 requires that the second class shall not
10 any district be called into the service OF tie
United states until those Of the first class shall
have been thus called In.
Volunteers or regulars who have b. en- in the
service and who had been discharged therefrom, or
had resigned prior to the 81 day OF March, 1862
liable to be drafted In the same maoner II they
had never been In the service. No regard is to be
paid to 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 this
time been discharged are not, therefore, included
in the rst class from which the hrst draft Is In.
tended to be made, aud are therefore not now liza
BILE to DO called on by drRis which is to be made
from that class of the forces Of the UntOd States
under the provisions OF this act.
WILLIAM WHITING,
Solicitor OF tlv War Department.
JAMES b. FRY,
jell POvOst Marshal General