New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-03-21

OPINION
Arr.RSEY GENERALS OFFICE, Feb. O. lsos
SIR In your letter OF the 18Th January you h-s my oIlon
tire legal points presented in the e;ef Of Gov A. IT, Cur
| tin, to YOU Of date the 18th January. -
Gov Curtins is in relation 10 The construction Of the
Set Of Congress tpproycd % Mareh 1852 commonly called
tie Enroimen, Al. lie insists
ist That the words periods Of service since the
encemen, the Rebellion used in the 18th section q The
Act do rqro the President in assigning The quotas to
the Ses take into con.d nation The whole term
o; enlstnen Of the volunteer end mi isnan; and
Ths; that part ofthe Act Of the 50 Of March, 1869 which
makes the lerod Of service element in the eacu alton
eesary to determine the number Of en due from state,
district county town las been repealed by the I'd seeton
oftLe Act sm.udoIy Of the Enrolment Act approved I@h
February, 1854
viii be- more convenient to consider these questions
order, ssnuch II sLa lie found thai the rpea,
aas mpde conteuded for the fret point made by
! Governor need MT be considered
| The glest objects OF the Enrolment Act are:
lst To declare who shall constitute the national forces
3D. To orssn1e plan by which the national forces be
Subordinate the purpo,e of raising and orranizns the
national forces Ee plan sdoged by Conpe.. shows desire
that he dIaii upon N. niofsl population Of The .cy'rs
nearly as practicable.
BY the ith section OF tho Act ofthe ID Of March 1853 tie
United sts'es divide into districts (which the District
Of Columbia sha cons cute one, each Territory OF tie
49,. doll cor 'iitOte one or more, tie Prss.
dea, .is1 direct and H,n vonsrr-,"lA fnss =
the Te,pectiye States, s hIed by q law .! Me s!ss
nett preceding the enrolment, shsl Constitute one
Tie sih section provide. that there shah be Board Of
Enrolment in each Di,,rie BY the sh section II s pro
yidrd that the board OF Enrolment shall deem II nscssssry
District may be divided into two, and with the assent Of the
Secretary Of Wal into geetsr number Of Sub divisions
Nv the 18th section IL made the duty Of the President IN
assigning the Districts the number Of men 10 be furnished
terso TO te into confederation the number Of volunteer
militia furnished by and from the ssrdl State In which
aid Districts situated and the period Of their ,svee since
tie commencement Of the present feoeion and 'hs 90
make aid asti.nment equa1e the numbers the
Districts the several States considering and slowns for the
NUMBER seody furnished soresid and the time Of their
II is evident from tie zee Of this Act that b. several
States snd District. had furnished number oil volunteers Ano
militia aud Tor periods OF service.
The fst duty Of the President to have the National
enoed his nelt duty was 70 ascertain what numbti
volunteers aud militia bsd been furnished from the several
States tpd the periods Of ,hef tefe tnce s?yfpes
ment the pre,ent Rebellion aud len, from what Districts
nunbers among the Districts Of the several states considering
snd allow ing for the number. already furnished Aforesaid
March 1898 plain that he had right and power g cut
P,S SSsn s. ,S.nP' .se anss, r;s
u"rps ss ;s %ei.ini or ..psd"s b. .qIsm.a
and with no reference to eqq,iiss,on m,sns, sho
hned portion OF District county, township OF ward
had furnished greatly more than The number due theiso
lad furnished few none, thereby making draft upon
the District snd yet under the Act wa, not n
eons over the whole District This wss unjust and
pre,sve In ord, TO correct this hayrsnt hardship and N
nscs Congress BY the I'd section Of the Act Of 2th FEB
mary and which amendment ofthe Act Of 80 OF March,
1855 declared that The quota Of each ward OF ety. town
precinct election district or OF county where
the county IL divided into wards, towns township
precincts election sircs shall be- a. nearys %
In
military service, taking INTO sccouni. 'si Irs.,eaoe
the number which hss been PREVIOUSLY fuInhed ,Ls.Hop
mi, ID seon Of amended Act repeats much Of the 18th
section Of tie Act Of the Of March 1893 e. makes ths
dirty Of the President to consideration ,he OF
serce Of the volunteers and militia from the severa states
III. in favor Of the repeal rest, wholly upon ,ne
word, Of rae smendsory Ac-the number whch nhs oeeh
previously furnished tberefrom IL 10 insisted that mum
be here used, sr'hmetcs count cannot 90
understand il. r,
which the number from the several States and the
Districts OF tire several States should BE- scersned and that
mode required not simple count but consideration Of thr
period Of service Of previously furnished Congress used
the ,oord nomb in the I'd section OF tho smendstory Act
that the mode oil count prescribed in the org
There are many evidences upon the face Of the smendsoy
Act which show that not the intention OF Congress to
change the mode OF prescribed in the original Act
The sended Act does not undsrahe how the quota
Of State or District is 10 be ascertainea Inscenns hat
number is due from State District the President must
the mode prescribed in The 2 section OF the original
Ache must take consideration the period OF service and
equsze the draft spihorzed TO do by the amended Act IN
the Dsrct. he be controlled by simple numbers IT
caunot be that Congress intended one Of the
States and Districts and different and wholly ipcon,is'et
one the Sub divisions Of Districts Insxcsbe confusion
Prom tbs language used In various parts Of the susndsoy
Act il L. evident that Congress did irtend disturb the
mode Of count prescribed in the orgusl Act For instance in
the 9Th section OF the smendstofy Act said that the town
ward OF township shall be credited s.rres and in the
M section the period for which he shall have enlisted
and 1.-The period for which &c shall have been drafted, all
going show that time Of service was hold to element
Nor do think that the argument In favor Of the repeal 4,
aided BY the language Of the l section Of s act entitled
forces approved 18th July 1854 The says tina,
videa any Substitute, shall be credited to h. town. 10
Congress that the credit should be given according
mode Of count prescribed in the act Of Sd March, 1868
Tie whole purpose Of the I'd section Of the smendatoy act
enable the Pesden to equaze the DRAFT Ia the several
distcs surely not TO have mode Of in sscersng
lie quotas Of the several States and dstrcs and another
mode for equszng the dscts Besides 10 hardly to
considered that Congress wond thus incidentally strike
rt.t.ts afnrA
equitable.
len .re ofths opinion that tho mode Of ss,araring