The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1864-01-11
Il ii e DR. AT t.

Impsrtaht Document nom tho Provost
MARSHAL Generals Omce-The Enrol
ment, De-, &c.
The following document has just been iseued from he
Provost Marshal Generals Office
WAR DEPARTMENT, !
PRovosf MARSHAL GENERALS 0TEcE,
WASHINGTON, JAM Z, 1854. }
The follow ing opinion OF Hon. william Whiting, Solicit
tor Of the War Department published for the nforma-
uon and guidance Of all concerned
OPINION.
The chief objects OF the act OF 1868, chapter Is, en-
titled IAN act for enrolling calling out the forces Of
the United States and for other were to pro-
vide Tor enrolling The forces OF the United ates Ia order
TO ascertain the number OF abeboded soldiers between
the ages OF twenty and fortyhve years who might be
called upon for military duty 10 divide them into classes,
and call from time TO time such proportion OF
troops the emergencies OF the service should require
The design oil Congress, as expressed the clause
which you have directed my attention (he last clause Of
me twelfth section was 70 equa1e the burden Of fur
loyal States and among the districts OF each State.
10 attain this result the statute directs the President
into consideration the number OF volunteers and
militia furnished by and from the several States, and the
period Of their service the OF the
present rebeion.n
It is obvious that the number OF men, and the periods
OF their respective service, must both be taken ee
mens OF calculation IN order 70 ascertain the total
amount Of service performed by the soldiers OF agiven
State; and that the total amount Of service thus ascer
taned 10 each State would give the total amount in the
aggregate Of all the performed n all the States.
TO the Of service which either OF
the states would have rendered ii it had borne It's just
SNARE other words what part OF Sucn aggregate
service was justly due from each State II became neces
say 10 compare the population by the late census OF each
state, with the aggregate population OF all the states
enrolled. IL was obvious that each state should con-
tribute in proportion to the number Of its Inhabitants.
iDasmuch there other safe basis for estimating
the respective numbers of their citizens capable OF
forming military duty. This the plan prescribed by
tho statute Of July D. 1861 chapter . section for the
apportonment Of volunteers among the several States
The proportion Of troops due from each State was 70
that obtained from all the States the number OF in
habiants Of that state was 10 the aggregate number OK
Inhabitants Of oil the States The solution of this iormu-
larry for each State the Number OF troops required n
order TO make its equalaD just share II the mum
oei " 'roops ie s0or. Oh tois required propoton Una.
deficit should ee charged; II the number exceeded
should be credited the state in question the account
Of the draft under the Enrolment act.
When the enrolment has been completed new aud
more satisfactory basis established for distributing the
borden OF the draft Having ascerained the number of
persons actually enrolled the several Staes the
Der or troops to DC drawn from each State will be caCu
lated as follows
As the total number enrolled in all the States is 20 the
number enrolled IN particular state, the total num-
Der 70 be drafted s to the number TO DO drafted 10 par
ticuar state.
charged to the particular State and then the amount due
TO- or due FROM that state the account of former
vice, should be added to or subracted from that num-
ber The balance is that which due from tho state In
question: and when balances thus made up for all the
States tho amount OF service win be equally distributed
according to law.
The statute also requires that the eproeut districts
into which the States to be divided shoad be
H3ed among themselves This nay be effected upon the
principles above stated. The number Of 10
be furnished by any one district bears the proper
the number furnished by The state the
number OF enrolled in that district bears the whole
number enrolled in the State
The only meanu provided by the statute enable the
PRESIDENT 10 equaliae the draft among the several dis
trcts by reference 10 tho numbers therein respectively
enrolled There being of federal population Tor
either Of these districts subdstrcts, and authority
gwen TO the President to take census thereof IL IS OBJ
viousy the intent fCongress that the enrolment itself
should DO the basis for equalzng the draft among dis
trcts he statute OF 1863 rescrbes particular mode
OF equalzing the numbers OF troops among the several
states snd though the President therefore eft 70 his
own discretion as 10 the mode OF carrying the law into
effect, vet he is certainly justified IN taking the same
mode Of equazing the draft among the States as is pre-
scrbed Tor eqnazng among the several DISTRICTS and
whatever mode he adopts by which the law IS carried
into effect, his deison is final as to The assignment Of
quotas.
difficulty arose the practical administration Of this
statute from the circumstance that troops required
Tor service before the enrolment could DO completed in
j the States, and II impossible tor them TO asccr
tain definitely the exact quota Of each State and district
prior 10 the completion OF the enrolment To obvate this
difficulty and To avoid the danger o. having the army
depleted while in the presence Of the enemy, Deem
ed proper to divide the first draft into two parts or TO
call out only portion OF the first draft, with view OF
completing the equalization Of the draft whole, after
the enrolment should have been mpleed The second
petcd and becomes necessary therefore TO give each
State credit In the above mentioned account for all troops
furnished ode the first part OF the aforesaid draft, and
the balance OF the first draft will be all that will now be
due on that draft from each State respectively
After the first section Of the draft drawn and be-
fore the for the last thereof be assign
ed, new element has been introduced which must how
he taken into account The government has authorized
volunteers be enrolled who have received bounties,
and who to be credited the part Of their
respective quotas IN the manner as though such
volunteers had been furnished under the draft.
BY observing these principles and methods OF calcula
on tho acquisitions Of the law ascertanng the quotas
OF each state viii, think, be substantially complied
with
suboin tabular form OF making out the account Of
each State FOR more convenient reference.
WILLIAM WHITING.
Solicitor Of the War Department
NAME
Dr. i. Amount Of service 10 eluaize the or ca.
counts between the States prior to
March 3, 1868, taking into view the
cumber OF men, period OF service aud
population OF State, compared with
all the States o. he enrolled
DIR. 2. Amount Of service due from said state
as estimated for the entire draft
3. Amount OF service received from the first ca.
section or the draft from said Saie...
4. Amount Of service OF volunteers under OR.
the Presidents last call. .............
The balance will show the amount OF service due the
second part Of the draft which the President should
sign as a quota now to be drawn for.
JAMES FRY, Provost Marshal General.