Evening star. [volume] (Washington, D.C.) 1854-1972, 1864-01-22
o r r I c 1 A L =.
EnroIlm ent of Volunteers.

The following Opinion of Hon. William Viii
ting, Solicitor OF the War Department. is pub
lished for the information and guidance Of all
concerned:
OPINION
The chief objects OF the act of 1853, chapter
IS, entitled can act for enrolling and calling
out the forces of the United States, and for 9th.
er purposes" were to provide for enrolling the
forces OF the United States in order to ascertain
the number of able bodied soldiers between the
ages OF ~ and 45 years who might be called
upon for military duty, to divide them into
classes, and to call out from time to time such
proportion of these troops the emergencies
OF the service should require. The design of
Congress, as expressed in the clause to which
you have directed my attention, (the last clause
in the 18th section,) was to eq aaIiZe the burden
OF 1urnlsning soldiers, as far as possible, among
the several loyal States, and among the dis
tricts of each State.
To attain this result, the statute directs the
President ''to take into consideration the num-
Der of volunteers and militia furnished by and
from the several States, and the period of their
service since the commencement OF the present
rebellion
1t is obvious that the number of men and the
periods of their respective service must both
be taken as elements OF calculation in order to
asct rtain the total amount Of service performed
by the soldiers of given State; and that the
total amount of service thus ascertained in each
State would give the total amount in the dggre-
gate of all the service performed in all the
States.
To ascertain the amount of service which
either one Of the States would have rendered,
II
what part OF such aggregate service was justly
due from each State, it became necessary to
compare the population by the late census of
each State with the aggregate population Of all
State should contribute in proportion to the
number OF its inhabitants, mas much as there
was no other safe basis for estimating the re-
spective numbers OF their citizens capable of
performing military duty. This was the plan
prescribed by the statute Of July %, 1861, chap
ter 9, section /, for the apportionment of volun-
foo fhn Sfafo
The proportion OF troops due from each
State was to that obtained from all the States
as the number OF inhabitants of that State was
to the aggregate number OF inhabitants of all
all the States. The solution OF this formula
~ gave for each State the number of troops
required in order to make up its equal and just
share. If the number of troops fell short of this
required proportion, that deficit should be
CHARGED, if the number exceeded, it should be
CREDIT D, to the State in question on the ac-
count of the draft under the enrolment act.
When the enrolment has been completed
new and more satisfactory basis is estabI ished
for distributing the burden Of the draft. Hav-
ing ascertained the mum Der of persons actually
enrolled in the several States, the number Of
troops to be drawn from each State will be CAL
culated follows:
AS the total number enrolled in all the States
| is to the number enrolled in particular
State, so the total number to be drafted is to
the number to be drafted in particular
State.
The number to be drafted. thus ascertained,
should be charged to the particular State, and
then the amount due to or due from, that st ate
On the accountof former service should be add
ed to or subtracted from that number. The
balance is that which is due from the State in
| question, and when balances are thus made
up for all the States, the amount OF service
will b. equally distributed according to law.
The statute also requires that the enrolment
districts into which the States are to be divided
should be equal1Zed among themselves. This
may be effected upon the same principles as
above stated. The number of men be fur
nished by any one district bears the same pro-
tn IN I'm rnt hQh hu fha
State as the number of men enrolled in that
district bears to the whole number enrolled in
the State.
The only means provided by the statute to
enable the President to qualiZe the draft among
| the several DISTRICTS is by reference to the
numbers therein respectively enrolled. There
| being no census of Federal population for eth
| er of these districts or sub-districts, and no
| authority given to the President to take q CEN
| gress that the enrolment itself should be the
| basis for equaliZing the draft among districts
| The statute Of 1863 prescribes no particular
| mode Of equaliZng the numbers OF troops
| among the several STATES and though the
President is therefsrefeft to his own discretion
| as TO the mode Of carrying the law into effect,
yet he is certainly justified in taking the
| States as is prescribed for equalizing it mong
| the several districts; and whatever mode he
| adopts by which the law is carried into effect,
| his decision is final as to the assignment Of
| quotas
A difficulty arose in the practical admins.
IdtlUH Oh u1ls STATUTE, 1TOm the circumstance
| that troops were required for service before
| the enrolment could be completed in all the
States, and it was impossible for them to as
| certain definitely the exact quota Of each State
and district prior to the completion Of the en-.
| rollment. To obviate this difficulty, and to
| avoid the danger Of having the army depleted
while in the presence OF the enemy, it was
deemed proper to divide the first draft into two
paris, or TO call out only portion of the first
draft, with view Of completing the equaliZa.
| ton Of the draft as whole, after the enroll
ov,la
part OF the first draft, therefore, yet rem aims to
be completed, and it becomes necessary there.
fore, to give each State credit in the above-men-
toned account for all troops furnished under
the first part OF the aforesaid draft and the bal.
dnce of the first draft will be all that will now
| be due on that draft from each State respec-
| lively.
After the first section OF the draft was drawn
and before the quotas for the last section there.
of can be assigned, a new element has been in.
| troduced which must now be taken into ac-
| count. The Government has authorized vol
| unteers to be enrolled, who have received
bounties, and who are to be credited to the
States as part OF their respective quotas in the
| same manner as though such volunteers had
been furnished under the draft.
By obser wing these principles and methods
| Of calculation, the acquisitions of the law in
ascer tanning the quotas OF each State will, I
think. be substantially complied with.
subjoin a tabular form of making ont the
account OF edcn State Tor more con venient re-
ference. WILLIAM WHITING,
Solicitor of the War Department.
NAME OF THE STATE.
DIR. l. Amount Of service to equalize or Or
the accounts between the
States prior to March 3, 1863,
taking into view the number
OF men, period of service, and
population of State as COM
pared with all the States to
be enrolled.
DIR. 2. Amount of service due from
said State as estimated as for
the ENTIRE
DIR. 3. Amount of service received Or
from the first section of the
draft from said State
DIR. a. Amount Of service of yoiun. Or
teers under the Presidents
last call.
The balance will show the amount OF service
due on the second part of the draft, which the
President should assign as q quota now to be
ora"n LOT. JAMES b. Fry,
Provost Marshal General.
NAPOLIoN-
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