, 1864-11-09

here Instead Of slave She will force Va.c
10 love her; or che Will put him to deatt
: At the et d. however, sheabaudons her pl II:
abd 1t il she Wlll dic, To carry her res1iu
upss tree vile eiugi1g an ad,a, to Vasco.
The plot Is Iomunttc and the scenery I
epltt did F.; but the public are uaees7 lest tn
sectors should not prove themselves ecu Il t.
the parts allotted TO them.
Tie Law .upoGb b:s;s;, az, Subject OF tn
- From the Washington Republican,
| We bave eceived several Communication
uIon the conflicting questions Of the draf
that haye arisen betweea the Provost Marsha
Generals Department and various local an
thoritles. We have taken pains to obtain
from al authoritative Eource, an expositiot
OF the Law as it standz, and present It to ou]
readers, With the suggestion that unuecesso
r controversies on the subject should he
I avoided.
Prior to March s. 1868, the army of the
United States Wss recruited By yoluntarg
enllstments, each Stats furnigi1[ng jts ~
political division, or the number furnished
BY any particular locality; and 80 long as the
required number Of troops were furnished
By this eys TEN, it was NOT deemed necessary
Or appropriate for the General Government to
attempt TO innate the numbers furnished
by the different localities In the several
States.
:. But when it.was found that this system
was inadequate for the wants of the seryics.
| and 1t was determined to call oat the mill.
tary forces Of the Government BY conscriD-
tlop, 1t became necessary, as matter Of ius-
t1ee to all con. erned, that the burden thus
imposed che uld be borne equally by ali Sec
ttrmined that each Congressional district
and each subdivision Of such district, should
furnish its equitable proportion Of troops.
according to the number Of able-bodied M til
eiuzens liable to perform military duty, resi-
dent therein
As has been stated, the cousc,iptfon uas
adopted, becauae the former method or ra,s-
!9g ttoopa' was found to be inAdeouate for
me neceEaiis ss ot the service, its object be-
Ig TO raise the requisite numbat of troops to
Union. 'N1 $~1- 4e'Soto 'uo
=. In order to accomplish this, the entire mil.
itary force Of the United States was declared
TO be subject to b. called Tito service. All
aole-bodied male citizens Of prorsr age, with
the exceptions enumerated In the act. vera
a,9,. ana are liable to be called upoa to psrGorm
mAitnry duty. Relying upon the patriotism
OF the people Of the loyal states, it was be.
lieyeo that system which had *br It's object
the reinforcement OF the army, reou friny of
each separate locality its equlrabfe ahare and
no more, and in applying the same rule
throughout the entire country In Obtaining
she required lumber, would secure the moral
the Union, and diEarm any attempt Of fae.
tioue opposition OF local pressure tending to
embarrass thu Government in Es executinn.
1t Tas not Presented, however, as a meas-
ure containing the elements of pon-
ularity in tteelf, but as stern necessity r.
qul1ea by me condition Of the country, ap:
peahng to the patriotic judgment Of tie
people. Nor was 1t expected That the strict
letter Of the law fu al its details and In every
Instance could be fully carried out: and With
a view to failure to execute certain particn.
lars req qufred,. provision is made In The act i
end the remedy supplied.
Ihus It g Is provided IN the enrolment act,
section l6, that as soon rs the required nun.
per Of able-boditd men liable TO miiItary
duty shall be obthi1ed nom the list Of tboae
drafted, the remainder shall be discharged.
Inc reason Of this Is that although only
Ihose liable to perform military duty IRE Is !
te enrolled, and consequently only these arc
i1tenoed 70 be drawn, yet 1t IA Impossible for |
~ ofe e1em eHeonmg ofneez to determine questions
many persous Wonld be enrolled and drafted |
Mno would not be required to serve, aud on
lh1e account 1t was provided that, instead n
ofaiting TOR the required number, the draw.
lfg shon1d be made for that number and flftV
Pr eentum N addition bnt, as only the r.
|
remainder to be discharged. None, ho weyer'
re to be discharged until tbs required num-.
PER Is obtained aud this presents the ones,
1on es 70 whether persons drafted, who fan
o report, ate obtained in the meaning OF the
an; they are, then all persons drafted,
.I9 70 mct, IS vel as In Law, In the service,
Without sny examination as to their ftness
OF lhe performances OF military duty.
For obvious reasons It Was necrisarv TINT
pehalty should BE- attached, as punish,
NJ NJ TO those who violated the provisions or
al1eo 10 observe the requirements OF the law
nus, resistance to the draft Is punished by
me and imprisonment, purchasing the arms.
!o1hi3g, or military outfits Of soldiers. ~
adn adn 6 Or encouraging deserters, is VISITED
Win q Ike penalty, and drafted men who !
III to report according to their notes Of
fait are Gfentd deserters and treated accord.
It would bave been ftuluezs legislation to
e1vice, AID then leave it to the ontion of
nose drafted to report for duty or not: and
, "onld be Equally fruit1ess were 1t con-
= ;,ned 70 mean that given district could j.:
u, 1s 9nota Witho1t actually putting into t
y tr1n5 eiugle soldier.
! Its ;s TT t5ne Interpretation and intent of the
~ Is that when Q man is grated, the Gov.
1mt ut acquires jur)sdlct:o and control over
n, me same IS though he had voluntarily
tts'ea N the Eerrice% II he desert, or If IN
= 1t he is rejected, he Is not one Of
&c =. Ie4nilsd namhsr Obtained - in the Ian :
aage OF the statute. Lke>tha enlisted re-
nlt. the drafted man is liable to be heid to !
islee; put, IL On examination, the one ia :
.empted OF rejected, In neither case ia he ;
eelted ee upon the quota required to be fur. !
!. q the enlisted recruit desert 1,to,s ,au,t<r !
) ~ ~ u1a!Rd man bsiore he Il erania<d and a
a to a7etee, no credit is given in eifher raae @
ligent efforts In both cases IRE made IN r. or. .
y laem. and proper credit given for alt :.
ca i as' upon examination, are found flt for a. a.
ne object Of the draft Is not to fill ann. p
;, oat 10 faise troops, and It should be ey- :. =,
1teo y WIN That view and for that purpose: ~ "
es every able bodied citizen Of the nrn. :,
age is subject to be csleo into the ker. .:
K. no man who has been legally draited u. u.
1uet cauGe Of complaint on anronnt - q
pg required to render his due share ~ III
1taay 1ahayy s service. The fact that the required
u .noer o.i. aae already been drawn ia no reason
n Js1ta ~ r. snouto not be drawn, II necsssa-
1ot obtained because some haya hcen ~. tit
gIea ano othera hare failed to reDort and al
ued arrest, or being arrested. ara tonnd II
y tor ssrEice, the object Of the law wouid fo1
aeleated Il The draft did not procsed untij wi
required number is obtafued an
shere man is drafted In lien or ana uho mi
1aled TO report, he Ia not Hreouired,i ~ vi
aeuclency on account OF the tatlura nf mi
nfst party to report, because 1t has not mi
. ascertai-ed that the drafted man whn an,
= 1allea 70 report would be accepted. and, SUI
u accepted, be would not be counted ~ ecs
gusGota, and, therefore, not being connted. ma
azure 10 report e7r&&ts no deficiency. bnt bct
- tae matter In the same condition. 80 pla
es credit ls concerned, AZ II be hal not pel
drafted. As we'll might drafted NM at
n TO be discharged because an en1tetsd .tha
u1s 'am VINO mas been rejected by q muster. can
o1hcer IS not credited upon the quota ord
10 Principle here announced ia n accar. eon
- WIN Inc decision and practice of the | get
'ost Marshal Generals bureau since ifs F
nIzs'ion, 1.3 ana 's IN exact accordance with cur
sgai e opinion Of the Judge Advocate Gen. viii
: " sug amy, given Sept. 10, 1868; and NAL
70 the considerations abnve stataS Il fbel
"a occasion manifest injustice to those read
! . n N Mn1eh former drafts have been gett
:. and the quotas filled bY men actually nect
n service, In addition to thpse who Were By e
co ana Jailed to report. Not only that, Is nj
cl1ereaG ruling, all those who have salt,
grated to ILL the places of men who salte
l. 10 report Would BE- Illegally held to the
ce and ought to be discharged. with
the Amenuatory Enrolment act of Feb alwa
-, Leo4, 1t Is provided that the req11r. the {
mbet and one hundred ncr centnm in
lon snal be drawn. Nov. II II were
9 tna1 AZ drawn are In fact (as we'll as to!.t.
~ ~ N NE military service, and If none anS
The. Wa .nta "a saoaid report, not only u, form
mt getting man. hnt tha 1e,o1;t, Was
! oaYs an equivalent to the Quota a. polt,
l. anu could not be expected to fnrnfah relea
N future calls. Rsduetio ad a5,u,dum. end End
ng the BlAcks-What the ueha,. and
bout 4t-EQeck or BrvefnE xI,s | rirIn,