The New York herald., 1864-08-07
MILITARY AFFAIRS.
Adj ja.tsnen mt OF Quotas.
OPINION oF SOLICITOR WHITING.
WAN DEPARTMENT., SoLLcrruR's Or

The President the Uted States by the
Of July A. 1864, ITO call for any number Of men as
for the respective of three
years military servce and any such volunteer, or in
II draft as hereinafter provided substitute shall
be credited to the town. township, ward Of CITY, pre-
cnc or election district or OF a county not vied,
towards the quota OF which he have volunteered or
engaged as substitute.
sin quota or part thereof shn' not be Filled
within ntty days after such CALL the President required
immediately to order draft for year 70 I'LL such
quota or part thereof which may rten be unified"
This act Is III addition 10 and IN amendment OF the
prior acts for enroliug and ealing out the natonal
forces and must be construed IN connection herewith
On the 18Th DAY OF July, 1854, the President called for
Ave hundred thousand volunteers under the provisions OF
the above cited act.
Volunteers and drafted thus be introduced
into the service for two or three years whereas by
the prir enrolment laws OF 1853 aud 1854 tne only Pc
riod of provided for three ing the
war, hund eds OF thousands Of soldiers IN
the service as three years men.
Questions having re.ating to the settlement OF
quotas of which the Que year men are nov To constitute
VISIONS o tue enrolment laws has b o,me ncoess ny.
The che object Of these Law is bring bodied
into the mi Hary service and TO distribute equally
as pract cable the burden of supplying them
In ordcr % equal,2e the quotas the territory from
which tr 10 be drawn required BY law to be
divided mo DISTRICTS &C., and ecp district is 10 supply
its due pr portion oi But some districts sopd
more and others less than their respective share
and send soldiers for longer and others
shorter term of service the law requires the President
TO equaize the quotas Of the respective districts by TX
ing INTO consideration the nunoer Of and the terms
of their service in eacn district
If the number OF men taken Into consideration,
without regard to the time OF service clear
that me grosscst inequality would exist IN tue
Contributions d erent districts 10 the aggregate mill
tary service of the country.
If district furnishes thousand men for year
II contributes only third as much to military
vice as district b. wnch furnishes one tn usana men for
three years, abou FOR the rst the contr butous
of A and are, OF numbers, equal. Bat
during me second md third wears a. he lhree wears
teI district is contributing nothing. ald TO equa2e
these districts must raise thousand for the
second and thousaad for the third year OF
that term
Hence the rule OF equalization requires that The
Der o. men from ch district shond he multiplied by he
number Of years OF each mans service The product
gives Inc amount OF years service actually rendered. d
il is this product, ound Tor ward. district, &C.
the required from al the districts sectively
Sucn requirement uf the statlte, ADD II emboGies
prsctcal Roci sense and even hauded ust ..
To apply these principles TO the state Of acs,
and to the draft to be made on the 5th Of September
next
The amount OF service rendered by each district
&c, has been already sscer,aued oy multiplying the
number OF oy their respective periods nt service,
thus settling the od Hccnt OF such disrct ~ 70 ths
date, accordance with the principles above stated
4 call made for tive hundred Thousand
men. Ibis number VIII be distributed among the "ds.
trietsi required BY law, IN strict proportion TO
the number OF military forces enrolled inerein. That
distribution having been made each district will be
ch uged account with its quota 10 the 8. iasianee.
But some districts troops have already bee fur.
nished in OF all their former qIoas Zach DIS
tct must have Its separate account made up either by
credh,ug tie excess charging the dehct Of years al
vided by three (assumng the unit OF all former quotas
rendering three years service) n other words,
D setting and eualzng the I'D accounts of the different
districts, their respective humber OF years service
will be divided by three, ana the quot eut wilt give
the number OF men furnishei heretofore ey each dis
trct- every person beng thus reckooed as III
years aud the Of former calls will
be deducted from the deficiency In former calls Will
be nd led and constitute part the respective qo,as
now be ontained An persons vounteerpg previous
10 the orat wili, IN like manner, be cfedited.\
The call is for three volunteers; the
draft uill. according 10 law, be tor Only.
The question arseshrst. whether tn ree wears
VII. under The peseot call, be credited The quota
atctr m fhraa In Nfn r.
words, II district A sba be required 10 furnish three
hundred year men, VIII The requirements OF Law aud
the Presidents call b. satisfied If should furnish one
hundred three years mcn9
in considering this question will be observed that
which military service has BEEN eluaii1ed in
| admi"iserii G the former acts Of Congress
IL not material what unit is taken as the basis o.
equalization, # that unit is uniformly the same IL s on
the assumption that the mode Of Calculation here,oi re
sdorted viii be continued bv the Provost Marsha.
| General that the present call has been based
The call oi TIE President s Ter the number OF indvidn
ais actually required making allowance 10 tue call
for those districts which. under this call will be liable
furnish comraravey lew trocps ov reason OF their nav
log previously placed the field than their share
| uncer all former reuuisitions
turnshed the present call, whether his
period OF enlistment be longer or shorter should count
ony one 10 the qnota now required aud each district
| should furnish ihe fun number OF men which sna
finally be deierm ned on and called or as ts quoIa
But u one district shall m its quota with ne year men
ard another district snail h it, quota with three years
the amounts Of service Of these districts will nos he
equal On making up quotas under call oue Of these
districts shond he credited with three times the amount
Of whch should be credited the other and the
quota Of the deficient district should be increased the
quota OF the district furnishing the three men
sho I'D he diminished accordingly, under such call
Al each successive call an accounts preced
ink that cal madeup AID the call fr quotes shot d
he such shall euuaize the of ured
from each district proportion TO the persons therein
i liebie to military service.
That district which the present draft furnishes one
year cuts up ts burden into three parts aud ssou.
defs ONLY part NJ The present year, and leaves the
| rest he met at the nextcaL
| That distr,c, which furnisnes three years now
gains ~ ruce In It's account with the Pre.ost Marshal
General the heued' the OF dra
4 one years service.
IL is the duty Of each district furnish full
Der Of deignsted 20 s quota. These should 10
received whether Tor or three years service.
Those districts which furnish three years tasn will
be entitled 70 the full bebeAt thereof AL calls
WILLIAM wHttNG
Solicitor of The war Department.