Litchfield enquirer., 1865-03-23

JAMES D FRY, ts
 --.lProyost Marshal General. npINIoN. ;, -, '.. 7T------ lO7I 44roAsir GsssaAI't ossscs, Sra "a ,sg'Ay VII pf,5I ~,
 In your letter Of the asth of January, yoa | ask m, opinion on the legal points presented
 in the letter of Governor A. e. cpxrth, to yeu.
 of date the 25th January. '"D ts
 Governor Curtin s letter Is in relation to the
 construction of the Act of Congress, approved
 Sd March, 1883, commonly called the knrol- ment Act. He linsists-- -s f ZI2TyH lst. That the words a period of ssrvice,''
 since the commenceinent lots the rebellion, as
 used in the l2th section of the Act do not TO quire the President, in assigning the quolns to the several States, to take into confederation the whole term of enlistment of the enlist
 ment of the volunteer and militia man and Sd. That that part of the Act of the ed ot
 March 1868, which makes the period of ebrvico
 an element in the calcu lation necessary to de
 termine the number ot men due from state.
 district, county or town. has been repealed by
 the 2i section of tbe Act amendatofy of the Enrolment: Act approved 24th February. 1884. | It will be more convenient to consider these questions in the reverse order, inasmuch co H it shall be found that the repeal has been made | as c0ntended for, the tirst point made by che
 Governor need not be considered.sSi q "
 The great objects of ths Enrolment Ace are: lst. To declare who shall constitute the nGe l tional forces and i7jI .s.. @. isaoiFsiM 2d. To organize plan by which ths ng.
 tional forces can be made available. - l Subordinate to- the purpors ef faislng sna
 organizing the national forces; the, plan adept. ed by Congress shows desire" that tks draft upon the industrial population of the ssvcfai States. and the communities thereof, ph5ld bs
 equalised ss nearly as practicable. hs | By the 4th section of the Act of the a oe
 March, 1863, the United States is divided Into.
 shall constitute one. each Territory of the uni~ | ted States shall constitute one or myrc, co the l President shall direct, and each Congrsblonal District of the respective States as dxsd by .
 law of the State next preceding the enrolment
 shall constitute one. The Sth section provided | that there shall be a Board of Enrolment in
 each District. By the gth section It 10 provl-
 ded, that if the Board of Enrolment shall dssu it necessary. . District may be dlvidsd-int tive and with the assent of the Secretary rf War into any greater number of Sub .divisionA
 By the 18th section 1t is made the duty ofthe President in assigning to the Districts the nun. Der of men to bs ftirnished 'therefrom, to take into eanfiderafi0n tho number of soluAteors and militia furnished by and from the stsral
 Ssatss in which saido Districts are sitauted. snd the period of their service sincs the comu.snee. ment of the present rebellion and shall e |
 make such assignment. .as to equalise tllpnum.
 bers among the Uistficts of the several States,
 considering and allowing for the humbstsal
 ready furnished aas aforesaid. and the titRe e It is evident from the face of this set, that
 the several States and Districts had fnruished
 number of vslanseets and tntlisisand for pc
 riods Of service.
 The first duty of the President was to have
 the national fol Ices s:enrolled; bis nsxtdntE was
 to asceftain what number of volunteers and
 militia had been fdrnishsd from the ssysrA comnamencsment 'af ,the D ,ssent rebellion; and.
 then from what pistricts In the several Ststes
 they came. that ke might equalise thenumbeIp'
 among the Districts In the several States, c6l:
 sidering and allowing for the nnmhers alreadS
 furnished as aforesaid, and the time of thelE
 service. Under the Act of the yd of March,. 1863. 1t it plain that hes had 10 right not pow. precincts or wards, in ox.Isr 70 equallss tho. draft therein. The authority Etfsn In the sth
 section ofsubdivlde q Di9l}ilt H= for the purS pose of facilitating and <spt1IL{ng tEe enrol.
 ment, and Nith n rsftrence D equalization. ] It might and donbtless di5 Happen in<hnny Districts, that 4one Ws1ll lldehned portion ef District, as c county, township or ward, bad furnished greatly more than the. I number s:N 6as
 therefrom, whilst other parts of tbs s,ns pis- Ftrict, equally well defined. had fnrnished tsw or nonsh thereby making draft upon. tho Dis ? triet recessary and yet under tue AetttWAe notsfn the power Of the President to tnakethe draft otherxise than equal over Che whole Die
 trict. This was unjust and oppressive. In or. tder to correct this fragrant hardship and inies. y4th ofs Februafy, 1864 and which is iuamSnd. ment of the Act of yd March. leees dstl1fea, | that the quota of each ward ofia city, t0Nn,
 township. precinct, or election district. or of c county, where the county is not diviapd, into
 ward, towns. toWhshipss precincts .ol slsetion
 districts, shall be, 70 nearly as ponible, 10 pro i portion to the number of men rss,deqS ltAEI1 liable to fii:itary seryices taking Intg ec,
 besn preyio,,siy farhished thsrefrome tas,ss | It ia earnestly insisted and most ingenippeil I arr,,ed. that this 2d section of the amended | set rcneais so much of the 18th section of the
 Act If the Sd of March 1888. sas tns1es it the duty of the President tU take into consldrfatlon che period of service of the yolqptesN F-|e militia from the several Statee. ne Azs emses | in favor of the repeal rests wholly uppnV t19 words of the amendatory Act '.the nunt<riNhi1b
 has been previously furnisled ths1sffoi. sk It ia insisted that number" as here u1edt mcsn1 ,n arithmetical count. cannot % undsr1tand IlNsirbs Act of shsssa Sf.ssarch asds staayis.
 sss ss.isss , SSss M Ps & Sp9ss ss. s. of the several stslsf shonld Dc ascertalnsa; and that mode rsqbired. not q simple count bui cohsidention of fhe period of service ok men previously fufnisile1l2 e c1hefess lhks1 the word nahsbey in the 2dsectien of ths ameaeatQrY.Act understanding that Che mode cf count urescEitr | cd iu the aofigihal Act would te preserved. There are many evidedcssi utSn ett5 tzet os I the amendatory Act which show th | il wss nee
 the intention of congre.s to chanEe theme1s