Prescott journal. [volume] (Prescott, Wis.) 1861-1871, 1864-11-12

tFsoas tes bAiiy NatienAl nsp 1biieaa. -, -
-. The Law HDon the Subject OF the b ar
I we, have received several conmunio.,;.
upon the conflicting questions of the da
that have arisen between the Provost NJ
Generals Department and various Ioc.,
thorities. We have taken pains to Oh. ~
4 from an authoritative source, an expo.i,;a
Of the law as it stands, and present !, =
treaders, with the suggestion that nm.
sary controversies on the subject sborld
avoided. 1u BE
{ - Prior to March 8, 1868, the army &c
United States was recruited by yolun,a ~ Ine
listmeHts, each State furnishing its re-. En-
quota as unit, without regard to it's noi a.ired
4 divisions, or the number furnished fbD -
particular locality and so long as the ,a, aly
! ed number of troops were furnished h.. 4 ~
system, it was not deemed necessarv -. 'li'
propriate for the general GoyerDnon.. ap-
attempt to estimate the numbers fnrr; 70
byzthes -different@loealities in the sar saeG
States.
L Butlwhen it was found that this svsto,,
inadequate for the wants of the servica vas
it was determined to call out the mi II ala
forces of the Government by eonserint;nsa
became necessary, as matter of inst;na !.
all concerned, that the burthen INN
should be borne equally by all sections 81 IS
country To,this end it was determined ,S-.
each Con- ressieaal district and each sn ii1'
vision of such district should furnish =.
equitable proportion of troops, ACCORDING -
the number of able-bodied male citizens h.
bic to perform military duty, resident thereir
i As has been stated, the conscription Va.
adopted because the former method Of rail-
ing troops was found to be inadequate for tIs
necessities, of the service, its object being q
raise the requisite number of troops to SUI.
cessfally carry on the war and restore he
/ Union.
/ norder to accomplish this, the entire MIL
itary force of the United States was deelars3
TO be subject to be called into service. An
able-bQdied male citizens of proper age Mil
the exceptions enumerated in this act wa,-
and are liable to be called upon to perfo,o
military duty. Relying upon the PATRIOTS
of the people of the loyal States, it was h.
lieved that a system which had for its ohio,
the reinforcement of the army, reouiring %
each separate locality its equitable share ana
no more, and in applying the same rrIs
throughout the entire country in obtaipinr
| the reqired number, would secure the morsi
support and co-opera, Jon of the friends NJ
the Union, and disarm any attempt of faction.
| opposition or local pressure tending to en-
barrass the Government in its execution
|. 1t was not presented, however, as a meas
ure containing the elements of popularity n
itself, but as a stern necessity required h.
the condition of the country, appealing to the
patriotic judgment of the people. Nor Va.
il 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
| failure to execute certain particulars reouir
ed, provision is made in the act and the rem
edy supplied.
Thus it is provided in the enrolment act
section l6, that as soon as the required nun.
Der of able-bodied men liable to do military
duty shall be obtained from the list of these
drafted, the remainder shall be discharged
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 o!
/ 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 provided chat, instead of draft,
ing for the required number, the drawing
should be made for that number and ifty.per
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 obtained and this presents the ques
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 art
IN fact, as well as in law, in the service, with
out any examination as to their fitness for the
/ nf Il utE
| For obvious reasons it was necessary that a
penalty should be attached, as 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 ike 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 o.
those drafted to report for duty Or not; ant
it would be equally fruitless were it construct
to mean that given district could oil it
quota without actually putting into the army
a single soldier. a
The true Interpretation and intent of tht
law is, that when man is drafted, the Gov
ernment acquires jurisdiction and contrO
over him, the same as though he had volun
tarily enlisted in the service. If he deserts
or if, on examination, he is rejected, he is moi
one of the "requircd number obtained" il
the language Of the statute. Like the enlist
ed recruit, the drafted man is liable to b
held to service but if, on examination the
one is exempted or the other rejected, il
neither case is he credited upon the quota re
quired to be furnished.
IF the enlisted recruit desert before muster
or the drafted man before he is examined an
heldto service, no credit is given in eithe
case. Diligent efforts in both instances ar
made TO arrest, them, and proper credit Civ
en- for all such as, upon examination, ar
found fit for service. IL i
The object of the draft is not to ELL 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 JUS
i cause of complaint on account of his being
required to render his due share of military
service. The fact that the required numbe
has already been dram is no reason VIII
others should not be drawn, if necessary to
fill the quota. If the required number is no
obtained {" because some have been exempt
ed and others have failed to report and elud
ed arrest, or being arrested are found UNI
for service, the object of the draft would b
defeated IL the draft did not proceed until TIKI
required number is obtained.
) Where a man is drafted in lieu of one who
has failed to report, he is not "required t.
fill deficiency on account of the failure o.
the first party to report. because it has moi