Prescott journal. [volume] (Prescott, Wis.) 1861-1871, 1865-04-08
Opinion.
Attorney GESER.Ls OFFICE,
February 9, 1865

ATTORNEY GENERALS OFFICE.
February 9. 1865
SIR:-In your letter Of the 2Sth OF
january. Won ask my opinion on the lie
gaI points presented n the letter of Gov.
A. Il Curtin to you, Of date the 25;h Of
January.
Gw. Curtin's letter il in relation To
the construction of The Act Of Congress.
approved March 3d. 1863. commonly
called the Enrolment act. lie insists -
lst. That the words "period Of ser.
vice. SINCE the commencement of the re
helli n "a used in The 18th section of the
A I, d., not require the President, in as
slguIng the quotas to the several States,
Ia tske into consideration the whole term
"t enl Istmemt of the volunteer aud militia
man; aud
2nd. That that part If tho Act of the
81 at March 1863. which makes tn. pc
rlnd of seivice al ele nent ~ the csicnia
ton uecys sary To determine the number
Of men due from q Slntr district, county
Or town. has been repealed 10y th,. 2ni
Section of the Act amenIatarv of the
Enroilmett Act. approved gath o: Feb
runry, 1864.
1t is more convenient to consider these
questions in the reverse order, inasnuch
as if il shall b- found that the repeal las
been ma le, no contended for. the FIRST
point made hy the Governor need not he
considered.
The great objects of the Enrichment
Act. sre:-
lat To declare who shall constitute
the Dationxl forces; and
PAL. To organize plan by which the
nstional forces can be ma6e available.
Sui",diuste To the purpose Of raising
and organic TX the national forces, the
plan adapted by Congress shows lie
sire that the draft upon the industrial
population of the several Stste., ani tn
cnErnunitfes thereof, should he equa,Eed
rs nearly - Practicable.
Bv TIE 4th section Of the Act Of the
81 If March. 1868. the United States is
divided INTO districts, Of Shlch the Dis
trict uf Columbia shall constitute one
each territory If ih. United States shall
constitute one or more, "a The President
shall direct, ani each rongresSinnsi dis
lrIct of the respective States. rs fixed by
a law Of the State next preceding the en-
rpihnent shall c,nstltute one. The 9Th
secIion provides that there shall lac
B1nrl of nrolineut IL each district -
by the Oh section it is provided that If
the ijusrd of EnrolineIt sIisll tlsrm il
necessary, a District may he divided nlo
tyo, and. with the consent of the Secre
'ary Of War, into any greater number OF
sub-,lh isi"ss.
By the l2is section. il is made the du.
" of the President, IN assigning 60 the
DIstI lets the number Of men 10 be fur
nlshed lheretroin. To take into consldera-
tIou the number Of Volunteers and militia
furnished by and from the severaI States
In winch sanl districts are situated, and
The period of their service since tho com
tnencenent OF the present rebellion; aud
shall 50 make said ass ignmeni. rs to
equalze the numbers among the districts
of The several States, considering and al
lowing for the numbers already furnish
e., as aforesaid, aud the time Of their SER
vice.
1t is e, ilent from the face Of this Act
that the several States aud Districts had
furnished n runbpr OF volunteers and M
iirla, aud for the period. Of service.
Tue first duty of the President was TO
have the national forces enrolled; his
next duty was to ascertain what number
of volunteers and militia bad b. en- fur.
nishei from {. several States. AMI the
i.s~i.,.is of their service since the com
mencement of The present rebellion: and
then. from what districts IN The several
States they came. that he might equs'ze
the numbers among the Districts Of the
several SAFES, considering AMI allowing
for the numbers alrea ly furnished as
aforesaid. and e time of their service
Un.ler the Act OF the 8 Of March. 1863
il is plsin that he hal nn right AMI paw
or To cut up District into counties,
townships precincts or wards. in order
IL equaize the draft therein. The author
fy gwen IN lac 9th section 10 suh.dviIe |
n district, was for the purpose of facilna
ting or expcditing the enrolment, AMI |
with no reference To equalization. 1t |
might and doubtless did happen in many
that one we define'! portion Of
q ,listric', IA county, township or ward.
had furnished greatly more than the
number due therefrom. whilst other parts
of the same district. equally defined, had
furnished few or none. thereby making
a draft upon the district necessary; aud !
yet under tho Act, it was not in the pow
er of the President to make the draft
otherwise than equal over the whole dis
tric,. This was unjust and oppressive.
In order to correct this fragrant hardship
and injustice. Congress. by tho 3nd sec
ton Of the Act oath Of February, 1854,
and which 10 an amendmdnt Of the Act
ID of March less, derlsrcj that the
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