Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1864-11-10
From the Daily National Republican, Oct, % !
Ine Law upon the Subject of the n..s.

upon the conflicting questions of the draft
ena' nase arisen between the Provost Marshal
oenefass department and various local All.
.Hoi I'ies.a we have taken pains to obtain
from an authoritative source an avnos;tior'
Iof the law as it stands, and present i - o,,n
readers with the suggestion thar nnnool
sary controversies on the subject sbopId h.
avoided. '10uiu DC
Prior to March 8, 1868, the army of ~
united States was recruited by voluntary on
hstRents, each State furnishing its required
quota as unit, without regard to its poIticai
divisions, or the number furnished nv onr
particular locality; and so long as the reouir-
ed number of troops were furnished bv this
system, it was not deemed necessary or an.
propriate for the general Government to
attempt to estimate the numbers furnished
by the different localities in the several
States. -.- --.., ..r -s-
But when it was found that this system was
inadequate for the wants of the service anS
1t was determined to call out the military
forces OF the Government BY CONSUMPTION. It
became necessary, as . matter of Justice IN
all concerned, that the burthen imposed
should be borne equally by all sections of the
country. 10 this end it was determined that
eaeh Congressional district and each subdi-
vision OF such district should furnish its
equitable proportion of troops, according to
the number OF able-bodied male citizens liza
ole 10 perform military duty, resident therein.
AS mas been stated, the CONSUMPTION was
auopted because the former method of rails
ing troops was found to be Inadequate for the
neceslties OF the service, its object being to
raise the requisite number of troops to sue
cesStully carry on the war and restore the
Union.
In ORDER to accomplish this, the entire mil
ltary force OF the United States was declared
to be subject to be called into service. All
abIe-bodled male citizens of proper age, with
the exceptions enumerated in this act were
and are liable to be called upon to perform
military duty. Relying upon the patriotism
of the people of the loyal States, it was be-
leved that a system which had for its object
the reinforcement Of the army. reuuiring of
each separate locality its equitable share and
no more, and in applying the same rule
throughout the entire country in obtaining
the reqired number, would secure the moral
support and cooperation of the friends of
the Union, and disarm any attempt of factious
opposition or local pressure tending to en-
barrass the Government in its execution. 80
1t was not presented, however as a meas
ure containing the elements of popularity in
itself, but as stern necessity required by
the condition of the country, appealing to the
patriotic Judgment Of the people. Nor was
it expected that the strict letter of the law
in all its details and in every instance could
be fully carried out; and with a view to a
failure to execute certain particulars requir-
ed, provision is made in the act and the rem
edy supplied, BOO B. 81. q. -~''t. .
Thus. is provided in the enrolment act,
section l6, that as soon as the required num-
Der Of able-bod men liable to do military
duty shall be obtained from the list of those
drafted, the remainder shall be discharged. q
The reason of this is, that although only
those liable to perform military duty are to
enrolled, and consequently only these are in
tended to be drawn, yet it is impossible for
the enrolling officer to determine questions of
exemption, and it was presumed THAT many
persons would be enrolled and drafted who
would not be required to serve, and on this
account it was providedthat, instead of draft
ing for the required number, the drawing
should be made for that number and fftyFper
centum in addition; but, as only the required
number is to be held to service, the remain
der are to be discharged. None, however,
are to be discharged until the required num-
Der is obiHiued and this prnsnnts. tho ctl.os-
ton as to whether persons drafted, who fail
to report, are obtained in the meaning of the
law If they are, then all persons drafted are
IN fact as well as in law, in the service, with
out any examination as to their fitness for the
performance of military duty.
For obvious reasons it was necessary that
penalty should be attached, as a punishment
to those who violated the provisions or failed
to observe the requirements of the Law
thus, resistance to the draft is punished by
fine and imprisonment, purchasing the arms,
clothing, or military outfits of soldiers, or
aiding or encouraging deserters, is visited
with like penalty, and drafted men who fail
to report according to their notice of draft,
are deemed deserters, and treated accordingly.
1t would have been fruitless legislation to
provide the manner of drafting men in the
service and then leave it to the option of
| those drafted to report for duty or not; and
it would be equally fruitless were it construed
to mean that given district could fill its
quota without actually putting into the army
| a single soldier,
The true Interpretation and intent of the
law is, that when a man is drafted, the Gov
eminent acquires jurisdiction and control
over him, the same as though he had voIun-
tarily enlisted in the service. If he deserts,
or if, On examination, he is rejected, he is not
one of the "required number obtained" in
the language Of the statute. Like the enlist
ed recruit, the drafted man is liable to be
held to service; but if, on examination the
one is exempted or the other rejected, in
neither case is he credited upon the quota re,
quired to be furnished, '--
| If the enlisted recruit desert before master,
| fol h. 20
| held TO SerVice no credit is given in either
case. Diligent efforts in both instances are
made to arrest them, and a proper credit Civ
en- for all such as, upon examination, are
| found fl for service. s-a. T. E.t ..". Il
The object of the draft is not to fill quotas,
| but to raise troops, and 1t should be exc
cuted with that view and for that purpose ;
and as every able bodied citizen of the prop
er age is subject to be called into the service,
| no man who has been legally drafted has just
| cause Of complaint on account OF his being
required to render his due share of military
| service. The fact that the required number
| has already been draWn is no reason why
others should not be drawn, if necessary to
| fill the quota IF the required number Is not
g obtained I" because some have been exempt
ed and others have failed to report and elud-
ed arrest, or being arrested are found unfit
for service, the object of the draft would be
defeated if the draft did not proceed until the
required number is obtained, go 7-rE-r
Where man is drafted in lieu of one who
has failed to report, he is not /" required " to
I'll deficiency on account Of the failure OF
the first party to report, because it has not
been ascertained that the drafted man who
has failed torrepot would be accepted, and,
until ba would not ha pouDtnd on
his failure to report creates no deficiency,
but leaves the matter in the same condition,
- e .rndit l. if he had nOt