The weekly north Iowa times. [volume] (McGregor, Iowa) 1857-1867, 1864-08-31

LIE chicago Times has the following IL
relation to the draft which is to be made OF
the 9Th pi oximo:
LEGALITY OF THE DRAfr. There is no
much reason for believing that construc
ton OF law demonstrated to be correc
would be permitted by the administration
to interfere with its purposes. The ques
ton, therefore, of the legality of draft or
the 9th proximo may lose much of it's prac
teal value. 1t is very proper, however
that the plain intent and meaning of the
enrolment act should be stated. We an
pend those portions of it's provisions which
require that quotas shall be assigned when
the call for volunteers is issued.
"Eirst, The President of the United
States may, at his discretion, at any time
hereafter, call for any number of men as
volunteers, for the respective terms of one,
two, and three years, for military service
and any such volunteer, or in case of a
draft, as hereafter provided, any substitute
shall be credited to the town, township,
ward or city precinct, or election district
Of county, toward the quota of which he
may have volunteered or engaged as sub.
stitute. .aa..rr.
Second, la case the quota, or any part
thereof, OF any town, township, ward of a
city, precinct, or election district, or of any
county not so divided, shall not be filled
within the space of fifty days after such
call, then the President shall Immediately
order draft for one year to fill such quota,
or any part thereof which may be untitled,
and in case of any such draft, no payment
OF money shall be accepted, or received by
the government as Communication to release
any enrolled or drafted man, from personal
obligation to perform military service"
The discretion of the President is limit
ed to the time of the call the term of ser.
vice, and the number Of men. In all else
he is directed by the act If his discretion
is Unlimited, the law imposes on him moth
ing pf obligations, and is consequently
meresurpiusage. He cannot call upon
whom he pleases and in any manner. he
pleas.s, because the law affixes conditions
to thu call. Those conditions are,
Fstst, That the volunteers or substitutes
shall be credited to the subdivisions to-
wardthe quotas of which they may have
volunteered or engaged as substitutes"
Se.ond, That in case the quotas are not
filled in fifty days after the call, the Pres-
dent shall order graft.
There are localities free from the draft
because OF excess of quotas under former
calls. ... .....
The President must therefore call upon
those subdivisions, named in the law, which
arc liable to furnish quotas.
l, is to these the credits are to be given
provided for in the first condition. ..
The subdivisions not liable to the draft
haut no quotas, and consequently cannot
receive the credits provided for.
The trainers of the law did not contem-
plate that localities not subject to the draft
would voluntarily become so, and furnish
volunteers and substitutes to be credited
on quotas arising under future calls. The
credits rae to be given on quotas under
callsas they are made. ~. ..,...
The quotas must be assigned when the
callsare made to determine who are liable
and the extent Of the liability. az. sa
II the quotas are not assigned when the
calls are made, the parties liable are not
given fifty days in which to fill them if
DRAFT is ordered within that time from the
date Of the call because, until the quotas
are assigned, they do not know whether
they are liable to furnish any men, and if
any, what number.
A party is not given specified time in
which to perform an act unless he is in
formed of his liability, and the act itself is
defined and the period for performance is
given.
From these considerations, it is plain that
the President cannot call in any manner he
may choose, and upon any parties he may
ctou,-. He may call when he may choose,
and for any number, but he must call up
on those who are liable to furnish the men,
and in such manner as legally to notify
them of the fact. They are not thus mott
fed when he issues proclamation simply
announcing that he calls for five hundred
thousand men, and addresses it to no party
or thing in the world.