The New York herald., 1865-03-13

ovniou on the legal points presented in the letter Of
covsmor Curtin;s Ist i IN relation 70 M construc
tion or lie act Of Conaress Approved "a Narh Is63
commonly called shs Enrolment ACT Ha insists
commencsment Of The rebellion q used in the twel III
OF the at DO NOT require the Pres dent in assign
inc The anoas Ia the several states 10 AVE nto con
d.raton Inc hois ,arm or enIis,ent of tha volun
ser and militia mans and
ISsoond t,a part Of the act ar the "A Of March
wncn maxos sne ps'o3 ~, - nnnr ~
men due rom State district county or town has been
,sn IS ~ .o ~. .s ~ M 80 - a,.,s,sarv of
~ ~ -, 49, .cs arrrovsS ol,h Esh,vsrv IsHI
~ sw - . 80 oryensnt 10 consider th.ss nnass,ons
sh~ ,as ,rss,nrch as n n shsi ~ eannd that
~ ~ sno .csGssu ~. os % ad a. cnrsand s,r ths ART
s, VIZ Ne as - 49, nr .a' .ssS ~ acs ia
point Maae y .ne voVy ~ 81, nOIu nos ~, ~
The great OBJECTS OF sne % EnI1lmsns scs a. .,or.,
- rs-.S u'0~Ao "A0 s. ~ :,
snT 70 o,.or,,. n,an nv which the nsam., forces
ecU''o-ao =, oasan'.o P'~A " "~ ~
cse " n,auo ~ ~ :. ..,.n. 80 .-,.r,,no
s 70 Inc sH aSans nv conerss shows
ny ussoLa 5 s 49, 49, ,,on,,lsor ~
deslre tnss .nc oiat uton snu x honld
sne .s seveiaI ,ases a. , aIa ~ s' roc,icahs
" ,h ssh a,;on ~ ths act ~ the "a of March
.ne i ... sy S.s. " t;aS "a ,,o I;s..c,s or whsch
Soo snc ~ h h,S onss,nta ors .ch Terri
tne Ds.,c' ny q .ourS Sasa Ia ,,s ns ~ more A
@ 10Y =. sH ~ =, . md each district
me resaen. snsss ,a s ~ ~ S, naxt
=. ,t so M .Is, shsX carst,t,4a .one The
eighth section PROV that there shall be board
9S - ~ ~ asS =, ~ rolant shall daam IL ne.
saS d;s,c, v be svidsd into tvra and with the
a,( Usp into
~ srsss,rsssons sss i, Sao ~S's'-S - "-'' ~ :"
nv th Issh sac.,or a a. rn.de tha uv Of the presi
dent in assigning the districts the number Of men %
h 70 ~ ,e ed r,ii,is frrshed bU and nom
ths .sver saes IN which said distrcs are situated and
s er;nd - ths, sar,,ce since the commencement OF
the Present ehsion and shall 40 make said assignment
.nc ma,e M the dsricts 81 ne sew
era S.aes c1nsos%s anu S ,h ,, @ ~ ,hir ssr
49, ~' A1A"S - - =
vice ,,su. 49,, 49,. :, 49,. -. ~. -. sovsr.,
10 0s.u.. A"So .A1a' sSsi sAAss sA
and militia and for ner,ods ~ service
Th art dutv 1 ~ The Pres,dent was n bsve tho ma
sa, ,,s'h ~ ,os,a. @ end MI i;,," had hes fur
,assa mss sa, ~ " onori S.s u d shs ;ods ~ ,h;r
service since the commenccment Of the present rebel
ana EN- % ght ensane the nuSers
Of the seversi States consderinc and allow
Inc for The nhers Already Furnished a. Aforesaid and
the t,r,e ~ their service finder the act of the "A Of
March Isaa 81 q main Tint he had no right ana mower
.rds p ~ erar - ennos the drafts theT Tha an
horitv given ia the ninth section TO subdyide district
was ior the purpose OF Iacasing OF expeal,ing lne
81 enlomen', anu an.i Mi ~ d hnrnr g, an .,
~, pns eI dsGnsd Norton 81 district conntv
township or ward-had furnished greatly more than the
numoef aug I a anS o.Ie, npha pass y e. so m
none, theregy msns aIals ulo c u's.os s
and yet uhoer tne ac ~ was NOT ~ tne power u .nc
the whole district This was unjust and oppressive In
orucr 20 ooIleo s .s anu s aa.t yu1 -. m
g py me ssoonu scson =, so Sti 49,, " @1 w ad
1oos' 1oes' anu mlo 70 ~ , ~ So 49, a " o. S
1000, acc'aleu sha. .ne quo'a ~ oa0m "au ,., =,
cny, .o"n, townsnlp, PIeclnc' vi eico.Iom e
aisuos ~ a,s, ~ 0ouasy, "nu.v t ue .i oJu,y
Is not divided into wards towns, townships,
,hI ~ ,r,; - =. sh u.s., , ~ s ~ ~, & ~ ia, y ~ 49,, L.s
n ha - ;,,sarv service taIino ,nto t M f
40 nractcshIa The n"rhe, wh;cb haS No., 1e H %
Snrp,sbad ~ r tha,reSror, % ~ ~ 49, D0e" P'0''ouS5
r. is aarnas,iv nss,ed .ra moo, xro.r,o,s,,r .os
that this second section Of the amended repeats 50
s83 AZ makes II the duty of the Presdent 10 take into
the service az Inc volnnaere and
,I;,i f, ho th por 0 T ~ no &C. s anu
Of the repeal rests wholly upon the words OF the amen
dstorv act-sstha number which has heen nrevoualv
furnished therefrom" It is insisted that 'number"
understand IL -'-----"'
The act OF the 3d Of March 1858 had prescribed mode
bv which tha number ~ men dne from the aevara States
tho oS the several sates sho,d hs sscer
and that rnoda rocr,rad not S,,nno o,rt ,,t
or the nerad of Service az man
furnished the word number IN he second
section Of the amendstorv act understahdnc That the
mode OF count prescribed in the original act would be
preservcd
There are many evidences upon the face OF the amend
atory act which show that not the intention OF
Congress change the mode Of prescribed IN the
original act
The amended act does not undertake TO say how the
quota Of sate district be ascertaned In
taining what number is due from state district the
President must pursue the mode prescribed in twelfth
section Of the original act-he must take into consi
dcration the period of service; and yet under the
the draft as authorized to do by the amended act in the
districts he must be controlled by simple numbers II
be that Congress intended mode of count for
the States and districts and different and wholly
sstent for the subdivisions Of districts Inexrica
Bile confusion would result
From the language used in various parts Of the
datory act Is evident that Congress did intend
disturb the mode Of count prescribed in the original act
For instance the eighth section Of the aendaory act
IL is said that the town. ward township shall be
credited by services In the section the
period for which he shall have been enlisted and the
period for which he shall have boon drafed all going
show that time Of service held 70 be element in
the count.
Nor do think that the argument In favor Of the repeal
aided by the language OF the first section OF the act
titled An act further to regulate and provide for the
calling out the national forces approved July 1854
The act saws that any such volunteer or in case Of draft
as hereinafter provided any substitute shall be credited
10 town. &c Congress that the credit should
be given according to the mode OF count rescrbed In
the act Of March ., 1853.
The whole purpose OF the second section OF the amena
tory act was to enable the President TO equaze the DRAFT
In the several Districts surely mode Of
count in asceranng the quotas Of the several States and
districts and another mode for cquazing the districts
Besides Is hardly be considered that Congress would